Posted on 08/17/2007 6:15:06 PM PDT by freema
NORTH COUNTY ---- Jury decisions and a powerful general's grants of clemency have signaled that Marines may be reluctant to jail service members accused of war crimes in Iraq.
Few saw it coming when the military justice system granted freedom to most of the eight Camp Pendleton troops who admitted to kidnapping and killing an Iraqi man in Hamdania last year. Former Marine prosecutor Thad Coakley was among those caught off guard.
"The sentences were well below what is expected for the guilty findings for a group that decide to kidnap and execute a guy," said Coakley, who has extensive experience in the military's rules of engagement.
Thanks to jury findings, plea deals and Lt. Gen. James Mattis' willingness to grant clemency less than two weeks ago, seven of the accused squad mates served less than 15 months in jail. Only the squad leader who crafted the plan remains behind bars.
~snip~
Even though most of the defendants are free men, they all remain convicted felons. All eight were knocked in rank to private.
Mattis is still considering whether to cut the sentence of the squad leader and chief architect of the plot, Sgt. Lawrence Hutchins. He's serving 15 years for a murder conviction by a jury. Speculation is widespread that the sentence will be cut to as few as five years.
'Shadowy enemy'
The Hamdania decisions may well influence the outcome of cases involving another group of Camp Pendleton Marines accused in the killings of 24 Iraqis in Haditha.
Ping
Love how the Leftist junk media demands we respect jury's and courts when they hand down crap decisions like the Libby verdict then whine when the system doesn’t validate their partisan political dogmas.
http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?a=304253&z=12
Yet even in war, there need to be rules, or else slaughters will take place. I've been disturbed at the degree to which average Americans have jumped to the defense of those who may have committed evil acts and have attacked those who reported on the incidents. The conservative NewsMax Web site has started a legal defense fund for the "Marine Heroes of Haditha."
The basic argument I hear: These troops are in a tough and potentially deadly situation, so it's not fair to second-guess their decisions. The first part of that argument is undoubtedly true, but the Marines facing charges are not accused of accidentally killing people whom they thought to be enemy combatants. They are accused of murder or face charges related to a cover-up. They might ultimately be cleared of the charges, but it's odd to hear normal people argue that Marines should not face criminal charges for anything done during the heat of war.
The soldiers believed the man was an insurgent/terrorist after having been on the ground in that area for plenty of time trying to get his neighbor (relative) imprisoned.
They finally executed a counter-insurgency operation of their own.
Apparently, Gen. Mathis must believe the soldiers. Otherwise, no way you get time served only.
Marine Trial Results Show Just Outcome
. . . not any bias showing here, oh no . . . .
Asking the prosecutor what he thought about anything less than a complete guilty verdict and the maximum possible sentence is like asking just about any Democrat about the success of the "surge" . . . .
By and large our troops have behaved in an almost unprecedentedly proper manner. Given the force that they have at their disposal, they have been amazingly restrained in their use of that force, especially since the enemy habitually hides himself among civilians.
I have much respect for Lt. Gen. Mattis and the decisions he is making, it’s clear he fully understands his Marines.
Thank you for defending our defenders.
Mattis has bigger gonads than most of his contemporaries/seniors; he should have been selected as CMC, IMHO.
Winky Winky
Semper Fidelis,
fontman
might want to give this guy a fact filled piece of your mind...
Steven Greenhut is columnist for the Orange County Register. His e-mail address is sgreenhut@ocregister.com.
The purpose of military justice is *not* the same as it is for civilian courts. It is to “preserve order and discipline” in the military.
When a military court hears a case like this, the assumption is that they are more sympathetic to soldiers in combat and great stress. But in truth, such sympathy is very limited, compared to the effect their actions, and their punishment, will have on their peers who are still fighting, or may be asked to fight in the future.
I like to cite the execution of Private Slovik in WWII, as an example. Slovik was chosen for execution precisely because army morale was low, and an example was needed to show that desertion was unacceptable. However, he was soon no longer needed as an example, because of the Malmedy massacre. It raised morale by equating surrender to the enemy with death.
But Slovik, when given an opportunity for little punishment, by saying that he had *not* deserted, and in fact had just been separated from his unit, decided to be a dumbass. He insisted that he *had* meant to desert, and would do so again if given the chance. This left a perplexed military little choice but to execute him. He demanded to be executed with his stubbornness.
Ironically, when it comes to real justice, and good judgment, a military court will often mete out a fairer hearing and a more appropriate punishment than will a civilian court. It is usually more dangerous to stand before when you are guilty, and more inclined to divine the truth if you are innocent.
This is not an enemy who has rules of engagement or fought like a war, so why have all the rules ,it is a barbaric blood thirsty cult. Untie their hands or get them out of there .
Did we forget about the chains and shackles put on some of these troops who were imprisoned on the testimony of the enemy ? How some were illegally drilled by their superior officers all night without legal representation ?
Good for you! Thank you for the good points you just posted.
I’m waiting for the ROE to include a time out at the library to think for our men patrolling the streets.
Daly forgot to mention it also gives the enemy more time to think about what they’re doing.
I do believe they did not ‘execute’ this operation on their own.
They were taught, drilled, and ordered to eliminate the enemy.
Everyone knows this was the enemy. That’s why we have no evidence, no body. To hobble the Corps.
“Even though most of the defendants are free men, they all remain convicted felons. All eight were knocked in rank to private.”
It won’t be just for me until they’re given medals and their records are cleared.
These men saved Marine lives.
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