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Thread: Rape overturned, due to jury stacking..

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    Rape overturned, due to jury stacking..


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    Senior Member Bos Mutus's Avatar
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    Quote Originally Posted by garhkal View Post
    This whole thing is a prickly pear....Congress wanting the Generals to 'do something' about the sexual assault problem in the military...but then they can not have any 'undue command influence' in a criminal trial...

    I remember talking with a group commanders years ago about DUIs in the command....and we were discussing why not just go to Summary Courts Martial instead of Article 15 for DUI. His position was that once it goes to court, you never know what you're gonna get, each trial is different and punishments can go from light or none, to very severe, etc....with Article 15, the command controlled the outcomes and punishments and could keep things more consistent.
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    Administrator Mjölnir's Avatar
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    Quote Originally Posted by Bos Mutus View Post
    This whole thing is a prickly pear....Congress wanting the Generals to 'do something' about the sexual assault problem in the military...but then they can not have any 'undue command influence' in a criminal trial...

    I remember talking with a group commanders years ago about DUIs in the command....and we were discussing why not just go to Summary Courts Martial instead of Article 15 for DUI. His position was that once it goes to court, you never know what you're gonna get, each trial is different and punishments can go from light or none, to very severe, etc....with Article 15, the command controlled the outcomes and punishments and could keep things more consistent.
    That is the big crux: Congress, POTUS etc. want the issue taken seriously. Laws of evidence, due process, and such make conviction at Court Martial not certain. Undue command influence will get the case revoked / thrown out and likely get that commander canned.
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    Senior Member Bos Mutus's Avatar
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    Quote Originally Posted by Mjölnir View Post
    That is the big crux: Congress, POTUS etc. want the issue taken seriously. Laws of evidence, due process, and such make conviction at Court Martial not certain. Undue command influence will get the case revoked / thrown out and likely get that commander canned.
    Yep, not to mention proof beyond a reasonable doubt, which is extremely difficult without physical evidence of some kind.

    We can 'believe her' all day, but still not think it rises to the necessary level of proof beyond a reasonable doubt.

    Once in the courtroom, the rights of the accused become paramount...it seems people don't get that.


    A few years ago we had a female 3-star (former Astronaut) who was nominated for 4-star promotion...her promotion was held up because as the convening officer she did not send a Capt. to court martial for an alleged sexual assault. She did not feel there was sufficient evidence. Now, how do you suppose the next nominated General is going to proceed? Granted, there are some problems with the whole way the military judicial system works....charges brought by chain-of-command, panel all out-ranks accused and works for the commander, military 'policies' and commander statements on the need to punish assaults, etc.
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