Assault Verdict Reversal Splits Penta...

Assault Verdict Reversal Splits Pentagon Brass and Civilians

There are 20 comments on the rollcall.com story from Mar 13, 2013, titled Assault Verdict Reversal Splits Pentagon Brass and Civilians. In it, rollcall.com reports that:

A military commander's authority to overturn the decision of a court martial dates back to the Continental Army.

Join the discussion below, or Read more at rollcall.com.

radiofreeamerica

Tarpon Springs, FL

#1 Mar 13, 2013
The liberal medias complaints about this quirk of military justice is interesting.In civilian courts it has been not uncommon for a trial judge to over turn a juries guilty verdict.This is part of American justice just as the military justice system allows for a similar type of verdict reversal by military commanders.My guess is that if the defendant had been gay or a minority the liberal media would have never written this kind of story.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#2 Mar 14, 2013
radiofreeamerica wrote:
The liberal medias complaints about this quirk of military justice is interesting.In civilian courts it has been not uncommon for a trial judge to over turn a juries guilty verdict.This is part of American justice just as the military justice system allows for a similar type of verdict reversal by military commanders.My guess is that if the defendant had been gay or a minority the liberal media would have never written this kind of story.
The difference being these military commanders have no legal experience like a civilian judge does.
WoW

Fort Huachuca, AZ

#3 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
The difference being these military commanders have no legal experience like a civilian judge does.
No, the judge is a military judge.. Commanders do not overturn decisions made by a Court Martial panel.
Gary

Bellingham, WA

#4 Mar 14, 2013
radiofreeamerica wrote:
The liberal medias complaints about this quirk of military justice is interesting.In civilian courts it has been not uncommon for a trial judge to over turn a juries guilty verdict.This is part of American justice just as the military justice system allows for a similar type of verdict reversal by military commanders.My guess is that if the defendant had been gay or a minority the liberal media would have never written this kind of story.
The defendant?

These assaults in the Military happen thousands of times a year.

It has been a way of life in uniform. The attitude is
"you joined up so live with it, ya pansy."

“Stop the Brain Rot”

Since: Jan 12

Take a Looonng Vacation

#5 Mar 14, 2013
More proof that it's open season on women in the military and that sexual assaults are NOT taken seriously in the military's macho culture.

This commander should be removed from duty and demoted, then dishonorably discharged.

Hagel has a chance here to show that the military WILL take justice seriously in the future. The presence of women (and, increasingly, gays) in the military depends on justice and enforcement of the rules, and mutual respect.

“Stop the Brain Rot”

Since: Jan 12

Take a Looonng Vacation

#6 Mar 14, 2013
Gary wrote:
<quoted text>
The defendant?
These assaults in the Military happen thousands of times a year.
It has been a way of life in uniform. The attitude is
"you joined up so live with it, ya pansy."
Time that "way of life" ENDED.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#7 Mar 14, 2013
WoW wrote:
<quoted text>
No, the judge is a military judge.. Commanders do not overturn decisions made by a Court Martial panel.
Pssst, that's what the entire article is about you moron. The fact that a military commander who is NOT a judge or even a lawyer can overturn the decision of a court martial.

“Voters elect Big Bird”

Since: Jan 07

Dump American Eagle

#8 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
Pssst, that's what the entire article is about you moron. The fact that a military commander who is NOT a judge or even a lawyer can overturn the decision of a court martial.
Courts-Martial decisions are subject to review,just like civilian trials. Appeal if you will. But the original decision generally stands. All a unit commander can do is offer testimony towards conduct,duty behavior, character and things related to service in the unit.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#9 Mar 14, 2013
okimar wrote:
<quoted text>Courts-Martial decisions are subject to review,just like civilian trials. Appeal if you will. But the original decision generally stands. All a unit commander can do is offer testimony towards conduct,duty behavior, character and things related to service in the unit.
READ THE ARTICLE!!!!!!

That's the problem; instead of being appealed through the appropriate judicial system which would include the US Court of Appeals for the Armed Forces (USCAAF), we have Generals with NO legal training overturning the convictions of people who've been convicted by court martial.

THAT IS THE PROBLEM!!!!!!!

“Voters elect Big Bird”

Since: Jan 07

Dump American Eagle

#10 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
READ THE ARTICLE!!!!!!
That's the problem; instead of being appealed through the appropriate judicial system which would include the US Court of Appeals for the Armed Forces (USCAAF), we have Generals with NO legal training overturning the convictions of people who've been convicted by court martial.
THAT IS THE PROBLEM!!!!!!!
FYI: There is an unwritten but well unstood rule that Generals pretty much get to do what they want. Some have worn uniforms of their design. Some drive APCs as personal vehicles in the field. SOME fly choppers. Point is NO one tells a general what he can/can't do. Perogative of rank. Right/wrong,like it or not,thats how its been since Christ was a Corporal. About the ONLY people who CAN outrank generals are the SecDef or the Branch Secretaries. And even they "take counsel" with the generals.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#11 Mar 14, 2013
okimar wrote:
<quoted text>FYI: There is an unwritten but well unstood rule that Generals pretty much get to do what they want. Some have worn uniforms of their design. Some drive APCs as personal vehicles in the field. SOME fly choppers. Point is NO one tells a general what he can/can't do. Perogative of rank. Right/wrong,like it or not,thats how its been since Christ was a Corporal. About the ONLY people who CAN outrank generals are the SecDef or the Branch Secretaries. And even they "take counsel" with the generals.
DUH! Which is exactly why Congress is holding hearings.

Wanna bet the Commander-in-Chief and his new SecDef are going to make a few changes to those "perogatives", at least where sexual assault cases are concerned.....

“Voters elect Big Bird”

Since: Jan 07

Dump American Eagle

#12 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
DUH! Which is exactly why Congress is holding hearings.
Wanna bet the Commander-in-Chief and his new SecDef are going to make a few changes to those "perogatives", at least where sexual assault cases are concerned.....
I hope so. They need to.

“Yeah, but...”

Since: Sep 11

MILKY WAY

#13 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
The difference being these military commanders have no legal experience like a civilian judge does.
Wake up, pal. Judges are appointed more for their connections than their legal acumen.

“Yeah, but...”

Since: Sep 11

MILKY WAY

#14 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
READ THE ARTICLE!!!!!!
That's the problem; instead of being appealed through the appropriate judicial system which would include the US Court of Appeals for the Armed Forces (USCAAF), we have Generals with NO legal training overturning the convictions of people who've been convicted by court martial.
THAT IS THE PROBLEM!!!!!!!
You may have a point. Should elected officials have the right to pardon convicted felons? How about commuting death sentences?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#15 Mar 14, 2013
SirPrize wrote:
<quoted text>
You may have a point. Should elected officials have the right to pardon convicted felons? How about commuting death sentences?
Absolutely not!

“Yeah, but...”

Since: Sep 11

MILKY WAY

#16 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
Absolutely not!
So, then, what's the difference?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#17 Mar 14, 2013
SirPrize wrote:
<quoted text>
So, then, what's the difference?
There is no difference, that's my point.

Generals outside the military appeals court system should not be overturning convictions of a court martial, and politicians shouldn't be overturning sentences of civilian courts.

“Yeah, but...”

Since: Sep 11

MILKY WAY

#18 Mar 14, 2013
WeTheSheeple wrote:
<quoted text>
There is no difference, that's my point.
Generals outside the military appeals court system should not be overturning convictions of a court martial, and politicians shouldn't be overturning sentences of civilian courts.
No need for the Court of appeal then! Or even the Supreme Court. Once a decision is made, good or bad, deal with it.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#19 Mar 14, 2013
SirPrize wrote:
<quoted text>
No need for the Court of appeal then! Or even the Supreme Court. Once a decision is made, good or bad, deal with it.
No, there's an obvious difference between a higher court with more experienced judges or a panel of judges and an untrained politician or general.

We have an established constitutional judicial review process.
WoW

Fort Huachuca, AZ

#20 Mar 15, 2013
WeTheSheeple wrote:
<quoted text>
Pssst, that's what the entire article is about you moron. The fact that a military commander who is NOT a judge or even a lawyer can overturn the decision of a court martial.
I missread it. Real adult of you to start name calling. grow up.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Aviano Air Base Discussions

Title Updated Last By Comments
News House panel moves to curb military sexual assaults (May '13) May '13 vec 3
News Head of U.S. Air Force's anti-sexual assault un... (May '13) May '13 Mr_Bill 5
News Outraged lawmakers look to change military justice (Apr '13) Apr '13 angry soldier 2
News Air Force commander defends overturning sexual ... (Apr '13) Apr '13 tha Professor 1
News Testimony before Senate Armed Services Committe... (Mar '13) Mar '13 Anne 1
News Sexual assault survivors criticize military cul... (Mar '13) Mar '13 woodtick57 25
News Victim calls decision in assault case shocking (Mar '13) Mar '13 al Qaeda in this ... 1
More from around the web