Posted on 08/03/2007 4:44:44 PM PDT by BlackVeil
CAMP PENDLETON -- The Marine sergeant accused of being the ringleader in a plot to kidnap and execute an Iraqi man last year was sentenced today to a dishonorable discharge and 15 years in prison. The military jury's sentencing of Sgt. Lawrence Hutchins came just hours after a separate jury sentenced Cpl. Marshall Magincalda to demotion to private and to 448 days in prison in the same case. Since Magincalda had already served that long while awaiting trial, he was immediately freed. He was the second Marine to be convicted and freed in the case. Cpl. Trent Thomas, convicted two weeks ago of conspiracy and kidnapping, was ordered by his jury to receive a bad-conduct discharge but no additional jail time. All three juries were composed entirely of Iraq veterans. In the Hutchins case, the prosecution asked for 30 years in prison and a dishonorable discharge. Hutchins was convicted of conspiracy to commit murder and unpremeditated murder. He could have faced life in prison. ...
(Excerpt) Read more at latimes.com ...
Doesn’t sound good...
I haven’t followed this case. Why did this guy get more time? Was he the trigger-man, or instigator?
I appreciate the military jury aspect of this. Sounds like those who had served as he did found him reprehensible.
Those that trash certain actions in Iraq by our men should take note of this. We hold our own to a fairly high standard.
Yes, I take it that he is judged to be the ring-leader, who because of his rank and influence got the others into it.
As far as the younger, lower-ranking individuals are concerned, I think that any lawyer could make out a good case for ‘undue influence.’ In a theatre of war, in the company of their immediate superior, what are they going to do?
racebannon
is very angry about this decision
and he’s on top of the case.
ask him.
It is right that they should have a military jury - trial by ones peers - but if I was them, I would prefer almost any other type of jury! Housewives, students, railway cleaners, liberal arts writers ... absolutely anyone.
That is because military juries are so much influenced by authority figures and loyalty to the received message. They might have sympathy for the accused as an individual, but they are fatalistic about loyalty to the system, which sometimes requires scapegoats.
Also, military juries know that their actions are being noted. If they give a decision which upsets the higher ups, then they have just ruined their own careers and chances. In theory, their decision is anonymous - in reality - well, they know that is bs.
He had the rank. He had the responsibility.
Thanks for sharing your views on this. I do have some reservations about the ‘just following orders from a superior office in the theater of war’ defense, but then I don’t know all the particulars. Take care.
Thanks for the tip.
Thanks again. Your comments about a military jury stand to reason. Beyond what you have said, they also know pretty much what the rules are. You’re not going to snow them easily. I’m fairly sure that’s where you were headed with your jury comments.
Yes that is true to an extent, but just how free from responsibility can one be if they know they are participating in what amounts to a war crime? Look, I don’t know enough about the acts involved to make that case, so this is a hypothetical question.
I don't disagree with you, and I don't think the court did either, That's why the others were all convicted. The difference in responsibility showed up in the sentencing of those who went to trial.
Thanks. That last one was a good point.
I’m sure jsut about everyone would wrestle with this type of decision.
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