Iraq rape charges upheld against ex-GI

Aug 26, 2008 Full story: MSNBC 9

A federal judge in Kentucky has upheld civilian charges against a former 101st Airborne Division soldier accused in the sexual assault of an Iraqi teenager and the slayings of her and her family.

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Since: Mar 07

Ware Shoals, SC

#1 Aug 26, 2008
I need to research this. I was under the impression that he would be tried in a Military Court Martial.
Is it even possible under the Constitution to give him two trials? Or does that only apply if he was found innocent in the first one.

Since: Aug 08

Sheffield

#2 Aug 27, 2008
Have to say, as disturbing as this is, it actually makes me feel glad that the US is honest enough to put it's wrongdoers up for trial and enure punishment is meted out for the world to see. Not many nations have that kind of courage of their convictions.
Sure, the US ain't perfect - but it's the best we've got now, and I'm happy to have the US as a force of strength.
SNJ

Oslo, Norway

#3 Aug 27, 2008
Davey boy wrote:
Have to say, as disturbing as this is, it actually makes me feel glad that the US is honest enough to put it's wrongdoers up for trial and enure punishment is meted out for the world to see. Not many nations have that kind of courage of their convictions.
Sure, the US ain't perfect - but it's the best we've got now, and I'm happy to have the US as a force of strength.
You are right. None of the western countries/democracies can live with war crime of any kind.
I cannot imagine children/youth in a more vulnerable situation than that of those living in a battle field.
Any man guilty of such a crime as here shall have no haven. When doing it with his flag on his uniform and having been shown the trust of his nation he has brought unrepairable damage to his country and opened up for people around the world to look at his fellow Americans as "animals".
Very difficult to defend yourselves against such stamps and the consequences of those, tangible as intangible consequences. I cannot help feeling that the U.S. military as such will have to accept
a considerable responsibility for this crime as well. The misdead points at a possibility of insufficient procedures and/or education of your armed forces, knowing also that so many crimes are comitted in this war. Take it for granted tht those incidents we learn about are just the tip of the iceberg.
Montague

Wausau, WI

#4 Aug 27, 2008
PhatHat wrote:
Is it even possible under the Constitution to give him two trials? Or does that only apply if he was found innocent in the first one.
No, the military would try him for a separate military crime arrising from the same occurence and the federal courts would try on a separate crime as well, therefore since the charges are different there would be no "double jeopardy".

If the military tried the person, it could be for failing to follow an order or lying under oath or dereliction of duty, etc. The civilian court would try him for the murder and rape in a war zone.

The same thing happens when state charges of murder are levied against a person who murders someone in a hate crime, then the feds come around and try that person again for violating a person's constitutional rights by murdering them. There's no double jeopardy there.

Also, if a person is in possession of child pornography on their computer, the state will charge that person with possession of child pornography. The feds will come along and charge that same person for using the internet to obtain the child pornography. The idea is that separate crimes are being charged for the same actions, but since they are not the same defined crime, there is no double jeopardy.
Expert

Cincinnati, OH

#5 Aug 27, 2008
The guy was in the middle of war. He just wanted to have a little fun. Geez.
Montague

Wausau, WI

#6 Aug 27, 2008
Expert wrote:
The guy was in the middle of war. He just wanted to have a little fun. Geez.
not only that, but did you see the picture of the dude wearing shorts? He had some mighty fine bird legs and a bird legged man needs loving too, they just gots to work harder to get some.
SNJ

Oslo, Norway

#7 Aug 28, 2008
Expert wrote:
The guy was in the middle of war. He just wanted to have a little fun. Geez.
Extremly low level!
RRR

Glasgow, KY

#8 Oct 25, 2008
Expert wrote:
The guy was in the middle of war. He just wanted to have a little fun. Geez.
Dumbass.

Since: Mar 07

Ware Shoals, SC

#9 Mar 3, 2009
Expert wrote:
The guy was in the middle of war. He just wanted to have a little fun. Geez.
I realize that the lawyers, judges and, most of all, the politicians have figured out ways to circumvent the Bill of Rights. That doesn't change the fact that a man or womans Constitutional Rights are being violated if they are tried more than once for the same act.

Besides, the military is often much harsher on these things, assuming the prosecution is not politically motivated in the first place (as this one obviously is). This soldier was discharged for having head problems following a combat tour. How can you consider a criminal charges, when the man is insane and the military has already handled the problem.

I don't understand why young men and women still stand up to defend this freak show, we call America.

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