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May 31, 2006Military Justice - A Brief PrimerBy GreyhawkExapanding from a shorter entry at MilBlogs - an effort to explain what goes on during a military investigation. A recent high-profile news story reveals that in spite of the popularity of the television program "JAG" and the movie "A Few Good Men", most Americans have little understanding of the military justice system. In the interest of providing the tip of the iceberg of knowledge, here's a brief primer. Key documents defining the military justice system include the United States Constitution, the Uniform Code of Military Justice (UCMJ), and the Manual for Courts Martial. If a crime has been committed (or suspected), an investigation is conducted under article 32 of the UCMJ. The purpose of that investigation - which normally concludes with a hearing, somewhat equivalent to a civilian grand jury investigation - is to determine the need for a court-martial (a military trial). The Fifth Amendment constitutional right to grand jury indictment is expressly inapplicable to the Armed Forces. In its absence, Article 32 of the Uniform Code of Military Justice (Section 832 of Title 10, United States Code), requires a thorough and impartial investigation of charges and specifications before they may be referred to a general court-martial (the most serious level of courts-martial). However, the accused may waive the Article 32 investigation requirement. The purpose of this pretrial investigation is to inquire into the truth of the matter set forth in the charges, to consider the form of the charges, and to secure information to determine what disposition should be made of the case in the interest of justice and discipline. The investigation also serves as a means of pretrial discovery for the accused and defense counsel in that copies of the criminal investigation and witness statements are provided and witnesses who testify may be cross-examined.Many news accounts of the investigation of Marines for possible crimes in Haditha declare that the investigation is complete - this is not true - and give the erroneous impression that guilt has been determined. But the outcome of the investigation (even if it includes full confessions from all parties) can only be that there is or is not sufficient evidence to convene a court-martial and determine the guilt or innocence of the accused. I'm not making any comments in this specific case. But I do mean to point out that from a legal perspective, guilt or innocence is yet to be determined. This can only be done in an actual trial. This may come as a shock to those who've been following some very high profile statements made on this case - which is why no one with any concern for the rule of law has made any such statements. Anyone who's been in service as long as I have has some experience with military justice. The military is society in microcosm, and if you work in an organization of several hundred people, chances are some are criminals. Some break laws unique to the military, others violate the established laws of society. Some go AWOL. Some beat their spouses. Some break speed limits. Some drive drunk. Some disobey orders. Some are thieves who bring government pens home from the office. Some commit murder. Some listen to pirated music or record football games without the express written consent of the National Football League. Some may even try to provide 'cover' for the crimes of others. If this were true only of the military we'd have quite a story. But it isn't. Other than AWOL and orders that's pretty much like your neighborhood, believe it or not. But when military members commit violent crimes, the fact that they are military has a prominent place in the story. Strangely, in the minds of many the fact that they've been investigated and prosecuted by the military seems like just another indicator of our brutality - they assume we need such a safeguard in our system because we are overly prone to such transgressions. (I won't go into all the details of why we need a separate justice system in this brief comment) So even in "doing the right thing" we are apt to be accused of additional violations of societal norms. That prejudice will be fueled by the media narrative - which will in some way or another build on the pre-existing mindset that proclaims it's the system, and not this innocent young person, that is at fault, and simultaneously express outrage that the same system is prosecuting the case. Add in the defense's relatively broad latitude in public discussion of the case, offer low-hanging journalistic fruit like "cover-up" or "persecution of only the junior troops" and the stage is set for a long and painful experience. In the background, in reality, less than perfect humans will do their best to judge their less than perfect fellows in a quest for an elusive concept called justice. Kudos to all who work within the military justice system for performing admirably under such adverse circumstances. Posted by Greyhawk / May 31, 2006 7:53 PM | Permalink 2 TrackBacks12 Comments |
November 18, 2009Dawn Patrol 11/18/2009 [Mrs Greyhawk]
Welcome to the Dawn Patrol, our daily roundup of information on the War on Terror and other topics - from the MilBlogs and various sources around the world. If you're a blogger, you can join the conversation. If you link to any of these stories, add a link to the Dawn Patrol too and your trackback will be added to the list. Hat Tips to the Dawn Patrol are greatly appreciated.Refresh for updates.
AFGHANISTAN/PAKISTANBoondoggle -- [3rd Time, New Country - in Afghanistan] Clinton in Kabul for Karzai's inauguration -- [Foreign Policy - AfPak] The war of leaks -- [Foreign Policy - AfPak] Ridding Afghanistan of Corruption Will Be No Easy Task -- [Los Angeles Times] Afghan Minister Accused of Taking Bribe -- [Washington Post] Vision for Victory, Part I -- [Washington Times] U.S. Turns to Local Guns-for-Hire to Guard Afghan Outpost -- [Danger Room - Noah Shachtman] NATO Chief Confident Afghanistan Will Have More Troops -- [Voice of America] Germany to extend Afghanistan mission another year -- [AP] Pakistani Successes May Sway US Troop Decision -- [New York Times] Where are Taliban and al Qaeda commanders, US media asks Pak -- [Daily News & Analysis] Pakistani Army Shows Off Captured Taliban Posts -- [Washington Post] IRAQIraqi Kurds Warn of Election Boycott in Dispute Over Seats - [Washington Post] US has time to reconsider Iraq drawdown plan-Odierno -- [Reuters] A few words from medics for the 41st Brigade -- [The Oregonian] Goodbye to Iraq, and thanks -- [The Oregonian] U.S. AND OTHER PARTS OF THE WORLDUS, China in Strained Diplomatic Embrace -- [Wall Street Journal] Obama: 'We've restored America's standing' -- [CNN] Somali Pirates : Maersk Alabama Attacked, Fights Back -- [Eagle Speak] Iranian COS Warns Russia: Your Security Is Tied To Ours -- [Memri Blog]
WAR ON TERROR /TERRORISMSuspected Fort Hood Shooter Believed to Be Self-Radicalized -- [Wall Street Journal] Guantánamo Won't Close by January, Obama Says -- [NY Times] SUPPORTING THE TROOPS...OR NOTNo Man Left Behind -- [Knottie's Niche] LTC Tim Karcher Update -- [Soldiers' Angels Germany] Support SA while Christmas shopping this year! -- [Soldiers' Angels Germany] Trees for Troops: Helping Military Families -- [AdAge.com] FOX 5 Special: I-Team VA Loans -- [FOX News] A FOX 5 I-Team investigation uncovered allegations of a nationwide scheme by banks and mortgage companies to defraud U.S. military veterans. The scheme, spelled out in court documents, claims banks are overcharging veterans on home refinancing loans. The question raised in a racketeering and class action law suit is how many of those loans involved banks defrauding U.S. military veterans. MILITARYMuslim discrimination in the U.S. military. Not. -- [Castra Praetoria] Time to revisit firearms policies on military posts -- [Atlanta Journal Constitution] Army's Record Suicide Rate 'Horrible,' General Says -- [Washington Post]
WELCOME HOMEVeterans' descendants welcome troops home to Fort Campbell -- [Clarksville Leaf Chronicle] 'Greywolf' Among First CAV Troops to Return Home -- [DVIDS] THE MEDIAWhere are Taliban and al Qaeda commanders, US media asks Pak -- [Daily News & Analysis] Army officials said that they have killed as many as 550 Taliban militants a month after the military began its campaign into the lawless territory, yet they acknowledge that hundreds, perhaps thousands more have melted away.
POLITICSRepublicans Criticize Obama's Call to Delay Hill Inquiries on Fort Hood -- [Washington Post] HUMOR / SATIRE
Iraq, Afghanistan, War, Terrorism, Military, Politics, Media, MilBlogs, dawn patrol Mudville
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The Mudville Gazette is the on-line voice of an American warrior and his wife who stands by him. They prefer to see peaceful change render force of arms unnecessary. Until that day they stand fast with those who struggle for freedom, strike for reason, and pray for a better tomorrow.
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![]() I like having visitors to my house. I hope you are entertained. I fight for your right to free speech, and am thrilled when you exercise said rights here. Comments and e-mails are welcome, but all such communication is to be assumed to be 1)the original work of any who initiate said communication and 2)the property of the Mudville Gazette, with free use granted thereto for publication in electronic or written form. If you do NOT wish to have your message posted, write "CONFIDENTIAL" in the subject line of your email. Original content copyright © 2003 - 2009 by Greyhawk. Fair, not-for-profit use of said material by others is encouraged, as long as acknowledgement and credit is given, to include the url of the original source post. Other arrangements can be made as needed. Contact: greyhawk at mudvillegazette dot com ![]() |
It is obviously the rule of judges that the Democrats prefer to the rule of law, contrary to their claims.
Thanks Greyhawk. That helps. You are very good at what you do.
Who would have ever thought that those who defend us would need us to defend them. God save us from the left and how about watching over our marines while your at it
You made clear and concise points on the radio. We need more people like you to defend our soldiers. People who spit on our soldiers should be ashame. Our military guys are the bravest!
Good post, it's important to note that while an Art 32 hearing is similar to a grand jury, it differs markedly in the fact that the accused (w/ counsel) can appear, present witnesses, cross-examine prosecution witnesses, etc.
In a typical grand jury proceeding, it's just the gov't and the defense isn't even allowed in.
Good laydown. Would suggest only one addition: that the UCMJ is embodied in 10 USC 801-946.
Way too many folks don't understand that the UCMJ is law, not just a collection of rules the military thought up.
Thanks Greyhawk. I wish we didn't have to talk or think about these things, but it is necessary to educate the public that there IS a process and the process needs to be respected before they rush to judgment.
Worry not. The fix is in. By waiting four months to start the, ahem, "investigation," the military allowed crucial evidence to be destroyed and lies to be coordinated.
There will be a long elaborate drama in which the military pretends to aggressively pursue truth and accountability, but the end result will be mostly acquittals and maybe a wrist-slap or two.
http://w3t.org/u/qbg
In the end, you'll be able to assure yourselves that there was no massacre and that it was all a figment of the left-wing's imagination. Military people call this sort of thing "slow-rolling," and the Pentagon has long has it down to a science.
*deep breath*...
(whispered under my breath: don't feed the trolls...dont feed the trolls...don't feed the trolls)
Wasn't the point of "A few good men" that it was only the heroic efforts of the defense attorney in cracking the crazy but entrenched Col. Nathan Jessep that prevented a cover-up? Wasn't the neophyte assigned to the case so that the two marines could be scapegoated? Of course that was fiction, but expecting such a movie to teach us that the military justice systems is flawless seems unreasonable.
Since we're on the subject, any thougths about the slap at the top brass that the "NCIS" finale delivered?
Thank you, Greyhawk, for explaining this in such a succinct manner. I haven't written about it yet, frankly, because I don't know what to say! What are the facts? The only people who know them are not talking. The only people that are talking, do not know the facts, or so it is my belief. Again, thank you for your service above and beyond...
The “investigations” that are currently going on are not Article 32 investigations / hearings. They can only occur after a military member has been “accused” of an offense. The ongoing investigations are equivalent to Army “Article 15-6” investigation. It is non-judicial; a command function to determine what happened and where to go from here.