User Panel
Posted: 8/21/2017 10:33:03 AM EDT
Bergdahl chooses to have trial heard by judge and not jury
https://www.apnews.com/1a6eef1f6f8e4dd08e1c073e03deb372 |
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Deliberations will be greatly reduced now without having to argue over pizza toppings.
Kharn |
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I question if this was even true....
I mean the government and MSM would NEVER make up stories. |
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So will they ensure that he has a friendly military judge hearing his case? Can't taint that obama legacy.
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I lean toward sky diving with the Golden Knights, with out a chute.
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I once heard that if you are guilty, get a judge. If you are innocent, go for the jury.
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I volunteer to be his judge. I'd listen to every word he says, right up until his execution.
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Lets see who the judge is. That will figure this one out very quickly.
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Quoted:
True. The exact opposite is also true. In this case, if you've pissed off the possible jury, go for a judge. View Quote Is your judge a SJW Obama fan? If so, take the judge. A military trial is one where you are guaranteed the jury will be made up of people somewhat knowledgeable of the law and with a vested interest in seeing a shitty soldier punished. If I am guilty, I'd take a judge only trial in the military. because a jury of my peers would fuck me over. |
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Smart move. Some funky technicality or arcane legal interpretation is the only thing that's gonna get him an acquittal, and judges understand that shit much better than juries.
That being said, I hope they hang the fucker. |
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C'mon guys, quit using harsh words about him in your comments.
We are talking about a SPECIAL SNOWFLAKE® here. He has FEELINGS! |
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Easier to assert undo command influence on appeal with a .mil judge trial vs. a .mil jury trial?
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It is the smart move in the military if:
(1) you are afraid a jury will decide based on emotions or based on "well, he seems innocent, but we gotta make an example out of him, plus I don't want to get dinged on my OER/NCOER if I'm on the jury that let him off or gave him little punishment." Seen that happen. (2) you are making a technical legal argument for not-guilty that a judge will understand but a jury of non-lawyers won't immediately grasp. "I don't understand this legal gobbeldey-gook, nor do do I wish to. He's accused of ___, that's good enough for me." Seen THAT happen too. |
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Summary Court-Martial
A summary court-martial consists of one commissioned officer, and may try only enlisted personnel for noncapital offenses. The punishment which may be imposed depends on the grade of the accused. For enlisted members above E-4, a summary court-martial may impose any punishment not forbidden by the law except death, dismissal , dishonorable or bad conduct discharge, confinement for more than 1 month, hard labor without confinement for more than 45 days, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of 1 month's pay. In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month and may reduce the accused to the lowest pay grade, E-1. The accused has the absolute right to refuse trial by summary court-martial. The accused does not have the right to representation by an attorney. The accused does have the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent. Special Court-Martial A special court-martial consists of not less than three members and a military judge, or an accused may be tried by military judge alone on their request. A special court-martial is often characterized as a misdemeanor court, and may try all persons subject to the UCMJ, including enlisted members, officers and midshipmen. A special court-martial may impose any punishment authorized under R.C.M.1003 except death, dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. . General Court-Martial A general court-martial consists of not less than five members and a military judge, or an accused may be tried by military judge alone upon request of the accused. A general court-martial is often characterized as a felony court, and may try all persons subject to the UCMJ, including enlisted members, officers, and midshipmen. |
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Quoted:
Easier to assert undo command influence on appeal with a .mil judge trial vs. a .mil jury trial? View Quote |
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Easier to control one man than a
Jury full. Fix is in and he has been assured safety. |
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Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury?
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Quoted:
Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury? View Quote |
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When does he get his taxpayer funded sex change and get celebrated as a hero?
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You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer.
At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless. |
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Quoted:
You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer. At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless. View Quote |
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Quoted:
Damn dude, didn't you watch A Few Good Men? View Quote View All Quotes View All Quotes Quoted:
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Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury? The UCMJ covers many things and does have legal recourse, though it is all packaged for military expediency to a degree. Part of the "dictatorship in defense of democracy" experience. |
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Quoted:
I will wait to see what evidence is submitted on the record at his court-martial. View Quote View All Quotes View All Quotes Quoted:
Quoted:
You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer. At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless. |
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