Ashleigh Banfield "UCMJ=Guilty Until Proven Innocent" (Vanity)

MSNBC Report ^ | March 26, 2003 | TankerKC

[jwalsh07]

GLad to help, I'm intimately familiar with Article 15 if you have any questions there. :-}

[the Deejay]

Akbar admitted his guilt before he was sent to jail in Germany. Therefore, there's no question of proving guilt.

[Cicero]

It's true in France, which retains the Napoleonic Code. Not true under UCMJ.

[annyokie]

LOL! Yes, see Janeane Garafolo!

[ConservativeDude]

military is subject to the constitution. this is not complicated.

while you might be tinker with evidentiary standards and cut short appeals, you can't shift the burden of proof altogether.

[gocats]

Also remember by the time you reach a courts marshal you are usually guilty. If your not whomever brought the charges would get his or her butt in a sling. At least thats how it worked in the USMC.

[Bogey78O]

Like I said. Who stands on equal footing with Saddam?

Peers has more of a looser translation in the judicial sense it seems.

[Cold Heat]

I do not believe the beyond reasonable doubt idea means anything anymore.

The only time I saw it used was with O.J.

[Bogey78O]

Oddly enough Louisiana has a good bit of it's bedrock on Napoleanic code.

Our inheritance system is the most glaring example.

[annyokie]

Yes, and if you're nice you can see them. Not flirting.

[nwrep]

[TankerKC]

Some body stop me!

[meisterbrewer]

Akbar admitted his guilt before he was sent to jail in Germany. Therefore, there's no question of proving guilt.

Statement won't be admissible, he wasn't read his rights. Of course, the prosecutor might be able to get around the rules of evidence by using an exception to the hearsay rules, like FRE 803(2) - excited utterance.

[FRMAG]

when an enlisted man does to trial by court martial there is an entitlement to have enlisted sitting the board. I sat many in my active duty years.

Its usually not a good idea as the enlisted tend to be more severe than officers.

[cynicom]

Ever see an enlisted person sit on a court martial board for an officer????

[Bogey78O]

Hehe...put on EMO glasses, recite some angst filled poetry, and you have the modern hipster.

[Yasotay]

Well I was involved in one Courts-Martial (and many Article 15s), and I found the soldier innocent.

[Bogey78O]

See post 54

[meisterbrewer]

Enlisted are entitled to have another enlisted. Their choice. Officers, however, have no choice.