Not a legal-o, but isn't the decision for where to try a case like this based on who the state thinks can bring a heavier case? Was 3.5 years really the best we could manage?
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Former CO gets 42 months!
- Thread starter HH-60H
- Start date
Pretty clear-cut military jurisdiction. The sentencing guidelines/max allowable penalties for these kinds of charges are pretty significant. They clearly didn't max out in that sense. There are always deals and haggling, particularly with a guilty plea, so while the sentence does seem a bit light, we don't know all the factors that went into it. In the end, those with the facts have done their best to serve the interests of the government, which is ultimately their highest duty.
Brett
Brett
Unfortunately, the latest revision of the UCMJ includes some language that makes Art. 120 offenses much more difficult for prosecution. That may be a factor in why his pre-trial agreement was so lenient. Dunno.
FlyingOnFumes
Nobel WAR Prize Aspirant
Is rape still a capital offense under the UCMJ?
Probably, but they're not going to take it to that level, particularly in a plea bargain situation. There have only been 15 successful death penalty cases since it was reinstated in the 70s, none of which have been executed, AFAIK.
Brett
Brett
MCM, Page IV-78
(1) Rape and rape of a child.
Death or such other punishment as a court martial may direct.
and:
(2) Aggravated sexual assault.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.
If you get into the nuts and bolts of 120 though (starting at IV-68), the different offenses are relatively difficult to prove in court though, often because of obtuse or overly restrictive verbiage.
Don't you have anything more constructive you could/should be geeking out on?
Apparently you haven't heard about the Y/Z parts availability woes for the RAG...
In short: I have plenty of time on my hands.
Oh, and I am now shitfaced. Tuntavern. Out.
In short: I have plenty of time on my hands.
Oh, and I am now shitfaced. Tuntavern. Out.
Oh, I have. Good times!
(If only the Marine Corps already had an aircraft in the inventory with high readiness and no shortage of parts or qualified aircrew...)
Harrier Dude
Living the dream
The C-12?
I still get a laugh when I realize that the C-12 is one of the newest aircraft in the fleet.