Discussion in 'US' started by jumpinjarhead, Apr 22, 2010.
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I just posted this mate. But while you`re there....how does the jury system work in a Court Martial? Seems like there could be loads of problems involved.
Thanks-I didn't see your post. In US courts martial, except in capital cases where at least 12 are required and their verdict must be unanimous to convict and impose death, the "jury" (actually called panel of members) must be at least 3 in a "special court martial" the mid-level level court martial that tried this SEAL. Conviction can be by majority vote of the panel so an acquittal is very significant. Under our rules of double jeopardy, this will end it for this SEAL in terms of any further criminal action. He could still, however, face administrative action such as an administrative discharge, revocation of clearance, transfer from the SEALS etc.
[quote="jumpinjarhead He could still, however, face administrative action such as an administrative discharge, revocation of clearance, transfer from the SEALS etc.[/quote]
Is that a realistic outcome or will the USN call an end to the matter? I've seen the UCMJ used for administrative action in the past and it can be very draconian at times.
Is that a realistic outcome or will the USN call an end to the matter? I've seen the UCMJ used for administrative action in the past and it can be very draconian at times.[/quote]
In these cases while it does contain provisions for administrative punishment for "minor infractions, the UCMJ would no longer apply since the cases actually began as administrative punishments and the accused elected to refuse such punishment and demanded courts-martial. There are myriad other administrative actions, however, that are not within the UCMJ and thus do not constitute any "double jeopardy" etc. that could occur, depending on the circumstances such as revocation of clearances (that would effectively end their careers in the special forces), assignments to back water posts etc.
In my experience, the outcomes will depend on the extent to which these sailors are seen within the Navy and special ops communities as "damaged goods" as opposed to the political echelons that obviously wanted to use them as examples of our new enlightened and kinder and gentler persona being pout forth by our current masters. If the former, I think all will be well and the politicos will move on tho their next victims.
I hope it's the former, there are too many careers ruined in the names of politics these days.
No kidding. If our masters persist with their "PC" vendetta, it will get much worse in the US.
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