Military Justice on Trial: Military Courts Have Much Room for Improvement

NCTimes.com ^ | August 19, 2006 | KATHLEEN DUIGNAN -

[kellynla]

The cities of Haditha, Hamdania and Mahmoudiya in Iraq have lately become household names in the United States that are synonymous with courts-martial of our personnel for alleged crimes against Iraqi civilians arising from the war. These crimes include the very serious offenses of kidnapping, murder and rape.

These events have generated great public interest in military justice not seen since the Vietnam War and the court-martial of Lieutenant Calley for the unlawful killing of civilians at My Lai. This is the first time in many years that the military's system of criminal justice has raised any public interest or faced such potential public scrutiny.

Several bloggers, commentators and veterans groups have recently raised questions about whether the system is fairly treating the soldiers and Marines facing court-martial as a result of these reported events. Many have questioned whether those accused are being judged prematurely or unfairly.

Without addressing any of the alleged facts in these cases, it would be remiss not to look at the larger picture. Renewed public interest in the system provides a valuable opportunity to raise aspects of the military justice system that could benefit from further scrutiny or reform.

On the whole, those already familiar with the system ññ mostly those who have served or are currently serving in the military ññ believe the overall system to be a fair one. Some of the aspects of the military system that earn deserved praise include greater rights to remain silent, rights to free counsel and comprehensive pretrial discovery.

[kellynla]

Interesting read. I have had a serious problem with the "Pendleton Eight" being incarcerated for months without being charged until recently, in fact being treated worse than the terrorists in Gitmo.

[kellynla]

ping

[YaYa123]

Oh Lordy loo, look for a long-winded response from Lindsey Graham.

[preacher]

Why bother with any trials. John Murtha has already pronounced them guilty. /sarcasm

[SandRat]

Get the Klingon Pain-stick! Must use it to take my mind away from this thread.

Better yet must use it on the media; MORE FUN to see them RUN the gauntlet of Klingon Pain-sticks.

[JOE43270]

I agree with you 100% kellynla. My prayers go out for all of our guys everyday including the Pendelton Eight. They are our younger Brothers and the Stars and Stripes are still flying because of them.

[freema]

Ping

[Marine_Uncle]

Well. Let the L/MSM start to behave with a little honest respect to those that serve and think less about headlines that so often are found to be misguided.