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Date Posted: 13:01:54 01/25/09 Sun
Author: scooter
Subject: I think military trials sound like the best way to go...and a question for Jeannine
In reply to: Hogarth 's message, "I have one question that I have not seen adequately answered." on 06:15:52 01/24/09 Sat

I think military trials have been put on temporary hold while the new administration reviews the cases. Jeannine, where would someone go if convicted in one of these trials? Are there military prisons?

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[> [> [> Answer - to the best of my knowledge -- Jeannine, 13:28:38 01/25/09 Sun [1]

I do understand that Obama has put trials on hold for the Gitmo people - all other trials for the military will go on as usual.

Yes, there are military prisons. Leavenworth (sp?) is the best known. There are also military jails, brigs, etc for lesser offenses. (Remember in From Here to Eternity, Frank Sinatra was in a military jail in Hawaii and Ernest Borgnine was the evil guard? That was Scoffield Barracks, which does exist.) I know that that shoe bomber guy is in a "Supermax" prison in Colorado - but I think he had a civil trial.

Interesting fact (that kinda used to piss me off, but I am a good little sailor). Double jeopardy does not apply to military people. You can be tried more than once for the same crime if new evidence comes up. Also, when an active duty person is accused of a crime, in addition to the civil trial he gets a military trial. The most common thing is a DUI. The penalty for a DUI can be worse from the military judges - up to and including imprisonment and a less than honorable discharge, on top of the civil trial punishment.

Interesting side story - I remember one guy that was put in a civilian jail for beating up his wife. Even though we knew where he was, he was listed as a deserter. When he finished his time, he came back and the wife no longer wanted to testify. She had divorced him and moved away. He was found innocent of assault due to lack of evidence, but guilty of deserting, went to jail until the end of his enlistment then given a bad conduct discharge (BCD - commonly known as a Big Chicken Dinner!) Fair? I don't know, but somehow it seems like justice to me!


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