Bush OKs execution of Army death row prisoner - Page 2 - Puff Cigar Discussion Forums
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post #11 of 21 Old 07-29-2008, 08:51 AM
 
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Re: Bush OKs execution of Army death row prisoner

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Originally Posted by rrplasencia View Post
from what i remember during my time in the service was there is no double jeopardy rule in the military. i had a buddy who got in trouble out in town one night. he went through civilian court system. then when he was done with that he went to captain's mast (navy), he got it twice. and you usually don't catch a break in the town your stationed in. while the people in the town depend on the revenue from the bases they still have to put up with a lot of crap from us (not all of us). plus your always datng their daughters, they really don't like that. plus the military has this artile of the u.c.m.j, 81 i think. that is a catch all, if they can't punish you under a certain article for something specific they can use article 81 to get you. this guy was just a bad person and this has been put off for 20 years and 4 or 5 presidents.
It's Article 134:

ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.


As for the double jeopardy I think you are correct but I would have to check a buddy who's a retired military lawyer to be sure.
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post #12 of 21 Old 07-29-2008, 08:55 AM
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Re: Bush OKs execution of Army death row prisoner

Yes soldiers are not exempt from Double Jeopardy, they will get hammered by civilian courts then, onto UCMJ.
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post #13 of 21 Old 07-29-2008, 09:14 AM Thread Starter
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Re: Bush OKs execution of Army death row prisoner

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I was just commenting on the political aspect, because no matter how much it doesn't matter who is in office, anything can be made into something political by someone with an agenda to push. Not saying that it will happen, I just hope it stays on topic.

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post #14 of 21 Old 07-29-2008, 09:25 AM
 
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Re: Bush OKs execution of Army death row prisoner

The sad part in the whole thing is that it took all this time and only god knows how much of the people's money to get this done. 20 years is just ridiculous.
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post #15 of 21 Old 07-29-2008, 09:34 AM
 
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Re: Bush OKs execution of Army death row prisoner

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no one should be above justice, regardless of who they are or what they do. period

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post #16 of 21 Old 07-29-2008, 01:59 PM
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Re: Bush OKs execution of Army death row prisoner

It is about time that the sentence is carried out. The military is subject to double jeopardy from civilian and military authorities but have more appeals when within the military justice system. I think that a previous poster was talking about the "catch all" article in the UCMJ which is used for non judicial punishment and woudl not apply in this case.

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post #17 of 21 Old 07-29-2008, 08:56 PM
 
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Re: Bush OKs execution of Army death row prisoner

From what I've read about him, he deserves what ever he gets and then some!
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post #18 of 21 Old 07-29-2008, 10:07 PM
 
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Re: Bush OKs execution of Army death row prisoner

This may be a little late but oh well. I worked for the 911 dispatch center in the city here near post. We took care of the city police the county sheriffs patrols and the state police. Any soldier that got into trouble off post still had to answer to the town or city court they were in. And they almost always got turned over to the miltary police. If not there was always a file 13 sent to miltary police if the subj was arrested. Hopefully that clears up the double jeapardy thing.
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post #19 of 21 Old 07-30-2008, 08:51 AM
 
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Re: Bush OKs execution of Army death row prisoner

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Originally Posted by taltos View Post
It is about time that the sentence is carried out. The military is subject to double jeopardy from civilian and military authorities but have more appeals when within the military justice system. I think that a previous poster was talking about the "catch all" article in the UCMJ which is used for non judicial punishment and woudl not apply in this case.
I don't quite understand your statement. While Article 134 covers "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital" charges under this article is not always handled by non-judicial punishment. It is in fact listed as a "punitive article" which is punishable by courts martial. Of course someone who chose a court martial when they could accept NJP would have to be pretty stupid.

As for the case of the death row prisoner technically this isn't a matter of double jeopardy because the military can court martial someone who has been convicted of charges for the same offense and found guilty in civilian courts. This is because the military operates under a different set of "rules" (the UCMJ) then civilians and it allows for charges to be filed in both military and civilian jurisdictions. That's why a military member can face punishment for drunk driving in both systems - not to mention additional charges under the UCMJ if the member is locked up in a civilian jail.
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post #20 of 21 Old 07-30-2008, 09:21 AM
 
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Re: Bush OKs execution of Army death row prisoner

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Originally Posted by macjoe53 View Post
Of course someone who chose a court martial when they could accept NJP would have to be pretty stupid.
They proved they were pretty stupid when they put themselves in a position where they have to make the choice. But yeah, most go with NJP, where the punishments are generally much less harsh.

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Originally Posted by macjoe53 View Post
That's why a military member can face punishment for drunk driving in both systems - not to mention additional charges under the UCMJ if the member is locked up in a civilian jail.
And they should be. Service members, like police officers, should be held to a higher standard. When you wear the uniform, everything you do is not just about you- it's about you and your service. You swear an oath when you accept the uniform, and that oath says you will obey rules, regulations, and laws. When you break that oath, and betray your country's faith in you, you deserve everything you get.

Today's Stars and Stripes ran a picture of this murderer and rapist in his Class A uniform.

When I saw it, it made me physically sick to my stomach.
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