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Five Soldiers Charged in Iraqi Rape, Murder Case (The unvarnished truth so, far. No Spin)
American Forces Press Service ^

Posted on 07/09/2006 11:58:43 AM PDT by SandRat

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To: xzins

Thanks for the PING. Something still stinks about this story. Hopefully, the discovery will lay all doubts to rest, one way or the other.


61 posted on 07/11/2006 7:00:41 PM PDT by pissant
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To: TexKat
Defense wants to silence everyone, including the president

No judge will include the executive branch in any gag order. He doesn't have the authority.

62 posted on 07/11/2006 7:06:44 PM PDT by sinkspur (Today, we settled all family business.)
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To: pissant; P-Marlowe; jude24; blue-duncan

In a civilian murder trial, when it goes to the grand jury, do they refer to accusations against the accused as "charges" at that point?


63 posted on 07/11/2006 7:17:22 PM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: xzins; P-Marlowe
In a civilian murder trial, when it goes to the grand jury, do they refer to accusations against the accused as "charges" at that point?

Technically, no. The prosecutor is asking permission to bring charges.

In the Federal system, the advesarial process doesn't really begin until arraignment, which occurs after indictment. (In New York, the advesarial process begins with the filing of an accusatory instrument for the purposes of an arrest warrant.)

64 posted on 07/11/2006 7:29:07 PM PDT by jude24 ("I will oppose the sword if it's not wielded well, because my enemies are men like me.")
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To: jude24; P-Marlowe
please see this http://www.freerepublic.com/focus/f-news/1664053/posts and tell me if it sounds like the military would call a pre-Art 32 hearing accusation a "charge."
65 posted on 07/11/2006 7:39:04 PM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: xzins
It reminds me more of a preliminary hearing.

Civilian analogies don't carry over well in military law, however.

66 posted on 07/11/2006 7:41:44 PM PDT by jude24 ("I will oppose the sword if it's not wielded well, because my enemies are men like me.")
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To: jude24; Go Army.com; P-Marlowe; blue-duncan; pissant; SandRat; TexKat; Ciexyz; BlueNgold; ops33; ...

The title of this thread says they've been "charged," but the text says it's an Art 32. See Art 32 fact sheet from Navy Jag here:

http://www.freerepublic.com/focus/f-news/1664053/posts

You think they were probably just searching for a word and "charged" was the only one that came to mind?

I think I remember from Army days that commanders would use the word "titled" once an accused was headed for an Art 32. (I think it's because some "Title X" part of the legal code was cited...but I'm not sure.)


67 posted on 07/11/2006 7:49:24 PM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: xzins
You think they were probably just searching for a word and "charged" was the only one that came to mind?

Find me a journalist who's taken Criminal Procedure.

68 posted on 07/11/2006 7:51:53 PM PDT by jude24 ("I will oppose the sword if it's not wielded well, because my enemies are men like me.")
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To: jude24

Do I have to?

:>)


69 posted on 07/11/2006 7:56:34 PM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: operation clinton cleanup; SandRat
Since he is now a civilian (Army Pfc. Steven D. Green), isn't he being charged in civilian court?

No. Crimes committed while on active duty are punishable under the UCMJ. He will face a courts martial.

70 posted on 07/11/2006 8:32:43 PM PDT by SC Swamp Fox (Join our Folding@Home team (Team# 36120) keyword: folding)
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To: xzins

Much of the media has no idea how the military operates, its rules or its procedures. Terms, methods, etc., have considerably different meaning between the civilian world and the military world. Take the word "arrest". When a cvilian police officer arrests someone they take them into custody and can use physical restraint. In the military, that is apprehension. Arrest in the military is restriction on a person's movement but with no physical restraint; e.g. house arrest.


71 posted on 07/12/2006 5:33:03 AM PDT by ops33 (Retired USAF Senior Master Sergeant)
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To: operation clinton cleanup

If the crimes were committed while on active duty in a location under which the military has jurisdiction he will be recalled to active duty (I believe this has already been done), and he will be tried in a military court. This will not and should not be a civilian trial. Discharge from active duty does not remove one from the jurisdiction of the military.


72 posted on 07/12/2006 2:44:35 PM PDT by BlueNgold (Feed the Tree .....)
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To: SC Swamp Fox; BlueNgold

Glad to hear that. I thought I read he was being held under civilian jurisdiction.


73 posted on 07/12/2006 3:19:10 PM PDT by operation clinton cleanup
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To: Military family member

No way it would be an Iraqi trial. It will be an American military court martial under the UCMJ.

No doubt the JAG prosecutors have high conviction rates. Regular prosecutors would drool at the chance to have a jury composed entirely of members of the military.


74 posted on 07/17/2006 12:38:25 AM PDT by springing interest
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To: SandRat

What an absolute nightmare.


75 posted on 07/17/2006 12:39:37 AM PDT by springing interest
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