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View Diary: Old white man decides to leave military sexual assault decisions in the hands of old white men (175 comments)

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  •  Speaking of Galactically Stupid... (0+ / 0-)

    Because military post ALWAYS have a great relationship with local law enforcement.....and it would be just AWESOME to go to trial in Afghanistan....or Yemen...Wait come to think of it, that would REALLY solve our rape issues because in Afghanistan they would stone the victim and give the rapist a goat.

    Why not just set up separate courts for what ever crime people are mad about on any given day?

    It is well that war is so terrible -- lest we should grow too fond of it. Robert E. Lee

    by ksuwildkat on Wed Jun 12, 2013 at 03:46:46 PM PDT

    [ Parent ]

    •  Stupid (1+ / 0-)
      Recommended by:
      RoseWeaver

      You are stupid. I just said that civilian justice should be responsible for crimes like sexual assualt, not that there should be separate courts.

      There are, however, problems with civilian courts for violations of military code. War is a major exception to civilian justice; almost everything that makes it war is illegal outside war. That means that as long as we have war, as long as we have a military making war, we have to have a military justice system that is at least somewhat separate from the civilian one.

      But only where that is necessary due to the exceptional status of actual war. Not just for anyone or anyplace in the military. Which is why I made that distinction clear, as what should be done rather than civilian deference to military jurisprudence as is practiced now.

      And where we are making war, we have to establish whether US laws or the local laws regulate the Americans who are there fighting it. When we make war we have to have a legal basis for judging crimes by Americans, or in American controlled territory, according to US law, or a version of it designed to cope with the problems of a US war zone.

      Just saying "we're Americans" or "this is American ruled territory" when Americans commit crimes, or others commit crimes against/on us, without a legal basis before the crimes are committed is not enough. This is hard, but war is hard. We can do hard things, and ensuring justice is done is one of the hard things we must do when we go to war.

      For what it's worth, it is precisely because war cannot be accommodated by a civilian justice system that I am against war. But the reality is that we have war, we have a military that makes war, and we need to change what we can to reduce how much war abuses people, without making that depend on the unforeseeable future when we eliminate war.

      Now, stop being so stupid. You don't even really disagree with me, when you're making sense. You keep attacking me obnoxiously where we at least mostly agree. Make more sense or shut up.

      "When the going gets weird, the weird turn pro." - HST

      by DocGonzo on Thu Jun 13, 2013 at 10:36:34 AM PDT

      [ Parent ]

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