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    Senior Member E4RUMOR's Avatar
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    Military Rights

    According to proposed legislation H.R. 671, compensation should be afforded to those who are discovered to be victims of Sexual Assault or Harassment. Compensation was also pointed out to the Armed Services Committee on 4 June 2013, as an incentive for victims to come forward and report if they have been victims.

    There was also a proposed Bill of Rights for Service-members who are victims of crimes.

    This idea runs similar to a Civilian run Court of Law.

    I'm thinking maybe it should extend beyond just Sexual Assaults or Harassment. Maybe not necessarily a monetary compensation for other crimes, but the right to counter-sue like in the Civilian sector.

    For instance, if a person sues another person, and the defendant is found not to be guilty, the defendant can counter-sue for damages, emotional turmoil, defamation of character, etc.

    So if this law is passed, shouldn't other judicial proceedings change? Such as service-members having the right to press charges against their Commands if the Command threatens them with Non Judicial punishment or a Court Martial, and they are not found guilty? This might force Commanders to ensure they have their "ducks in a row" before flippantly pushing charges towards and individual for biased reasons....

    Is there something that already exists for service members in cases like this?
    [B]SSgt Mike / USMC[/B]

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    Re: Military Rights

    Quote Originally Posted by E4RUMOR View Post
    According to proposed legislation H.R. 671, compensation should be afforded to those who are discovered to be victims of Sexual Assault or Harassment. Compensation was also pointed out to the Armed Services Committee on 4 June 2013, as an incentive for victims to come forward and report if they have been victims.

    There was also a proposed Bill of Rights for Service-members who are victims of crimes.

    This idea runs similar to a Civilian run Court of Law.

    I'm thinking maybe it should extend beyond just Sexual Assaults or Harassment. Maybe not necessarily a monetary compensation for other crimes, but the right to counter-sue like in the Civilian sector.

    For instance, if a person sues another person, and the defendant is found not to be guilty, the defendant can counter-sue for damages, emotional turmoil, defamation of character, etc.

    So if this law is passed, shouldn't other judicial proceedings change? Such as service-members having the right to press charges against their Commands if the Command threatens them with Non Judicial punishment or a Court Martial, and they are not found guilty? This might force Commanders to ensure they have their "ducks in a row" before flippantly pushing charges towards and individual for biased reasons....

    Is there something that already exists for service members in cases like this?
    Yeah, it would have to be allowed in all sorts of cases. And if you think false accusations are prominent now, wait 'til they know they can get paid for it. Can't see it ever passing.

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    Re: Military Rights

    Yea.. Feres and such would prevent it from happening.

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    Re: Military Rights

    Quote Originally Posted by E4RUMOR View Post
    So if this law is passed, shouldn't other judicial proceedings change? Such as service-members having the right to press charges against their Commands if the Command threatens them with Non Judicial punishment or a Court Martial, and they are not found guilty? This might force Commanders to ensure they have their "ducks in a row" before flippantly pushing charges towards and individual for biased reasons....
    How would that make any sense? You can't press charges against the D.A. if you are found not guilty for a crime you are tried for and you are NEVER found NG if you choose to accept NJP.... How in the world would offering NJP for a suspected crime ever be a crime in and of itself?
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    Senior Member E4RUMOR's Avatar
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    Re: Military Rights

    Quote Originally Posted by Pullinteeth View Post
    How would that make any sense? You can't press charges against the D.A. if you are found not guilty for a crime you are tried for and you are NEVER found NG if you choose to accept NJP.... How in the world would offering NJP for a suspected crime ever be a crime in and of itself?
    Ummmm how about because its suspected and not an actual crime?

    Commands are not made up of some anonymous entity. Someone recommends or starts the process of NJP or Court Martial. Commanders have JAG officers who give recommendations as whether or not to peruse. Generally the charges go up to the Commander from someone further down the chain of Command. If there is not enough evidence to press charges, individuals threatening charges should get slammed for not having all the facts or "ducks in a row" before making that threat to the service-member's career.

    The example I provided in the civilian sector was one of persons suing other persons... Not states versus individuals.
    [B]SSgt Mike / USMC[/B]

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    "Don't give fools a foolish answer, or you will be just like them. But answer fools as they should be answered, or they will think they are really wise." Proverbs 26:4-5.

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    Re: Military Rights

    Quote Originally Posted by E4RUMOR View Post
    Ummmm how about because its suspected and not an actual crime?

    Commands are not made up of some anonymous entity. Someone recommends or starts the process of NJP or Court Martial. Commanders have JAG officers who give recommendations as whether or not to peruse. Generally the charges go up to the Commander from someone further down the chain of Command. If there is not enough evidence to press charges, individuals threatening charges should get slammed for not having all the facts or "ducks in a row" before making that threat to the service-member's career.

    The example I provided in the civilian sector was one of persons suing other persons... Not states versus individuals.
    No...unless you can prove malicious prosecution, it not a crime nor liability to prosecute a crime and lose, nor should it be.

    Just because someone hasn't be proven guilty, does not mean they are innocent.

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    Senior Member E4RUMOR's Avatar
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    Re: Military Rights

    Marines either accept NJP because they are either guilty and know it, or they are stupid and do not exercise their rights to push for Court Martial.
    [B]SSgt Mike / USMC[/B]

    "Your mission in life, should you choose to accept it or not, in which this case you don't have a choice..." -SSgt Mike.

    "Don't give fools a foolish answer, or you will be just like them. But answer fools as they should be answered, or they will think they are really wise." Proverbs 26:4-5.

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    Senior Member wildman's Avatar
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    Re: Military Rights

    Quote Originally Posted by E4RUMOR View Post
    Marines either accept NJP because they are either guilty and know it, or they are stupid and do not exercise their rights to push for Court Martial.
    It's been a long time and I do not remember all the types of court martial but I recall there was the one with only one officer presiding. I would say if the individual was indeed innocent the first option should be request the advice from the area defense council and request the non judicial punishment hearing be stopped until a lawyer has been appointed. If guilty accept the Article 15.

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    Re: Military Rights

    Quote Originally Posted by E4RUMOR View Post
    Marines either accept NJP because they are either guilty and know it, or they are stupid and do not exercise their rights to push for Court Martial.
    ...or perhaps they're fully aware that 90% of all Court Martials end in a conviction, and aren't willing to roll that dice.
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    Re: Military Rights

    Quote Originally Posted by Rusty Jones View Post
    ...or perhaps they're fully aware that 90% of all Court Martials end in a conviction, and aren't willing to roll that dice.
    There is a reason for that too...most CC's aren't willing to send something to CM unless they are pretty sure the accused actually did it... Sometimes, if the accused turns down the NJP, the CC will leave it alone because there just isn't enough to PROVE it at CM... Not sure how often it happens but it does happen. Just like civilians will often try to get you to plead to a lower offense rather than go to trial...
    “I say, imagine in your private life, if you decided that I’m not going to pay my mortgage for a month or two—first of all you’re not saving money by not paying your mortgage. You’re just a dead beat. “

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