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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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  •  No once (0+ / 0-)

    did I say that Congress did not have a say in military justice.  In fact 100% of the UCMJ comes from Congress.  If Congress wants to set up an alternate justice system for sex crimes they can.  I doubt it would pass Constitutional muster but they can try.

    While I think its wonderful that you married into a military family that was not the question.  Having a father in law in the AIr Force is not the same as being the person who has to make actual decisions about punishing another citizen.  It is not the same as reading and rereading the law so you are absolutely sure you are getting it right.  I didn't take Constitutional Law because I really enjoyed 24 hour take home exams that took 20 hours to complete, I took it because I had this crazy notion that if I was going to swear an oath to support and defend the Constitution I should know as much as possible about it.

    "Military law is it's own specialty" - Really?  You say that you have studied the Constitution so please tell me what part of it allows punishment for speech?  While the Constitution specifically prohibits punishment for speech the UCMJ specifically allows it.  The Constitution give two people in this country the ability to restrict the liberty of another citizen - a judge and a military commander.  Yet you think military law is not its own specialty?  No state has a law against being a jerk and they certainly dont impose capital punishment for it yet the UCMJ allows the death penalty for "conduct unbecoming."  At the same time, the minimum punishment for murder is "oral admonishment."  But no, its not a specialize type of law.

    You can absolutely express your opinion but when you say things like:

    "which is double stupid given how much the military has changed just with technology, changes in how wars are fought, etc.  A few folks can keep the vision thing into their 80s. Others not so much, or not at all"
    you put yourself in the category of uninformed opinion.  Nothing - NOTHING - about technology or how war is fought has changed rape.  Rape was no different in the '86 when I was first sworn in than it is now.  Actually that is not totally true since CONGRESS significantly expanded Article 120 of the UCMJ to move offenses formally under Article 134 to Article 120.  Congress did.  Not the military, Congress.  Why?  Because only Congress can.

    P.S. Yeah, I know about Tailhook.  Like most military professionals I was disgusted by the behavior of  the officers involved and thought they got off easy.  What disgusts me more is that there has been little change in the Air Force or Naval Aviation communities.  They remain mostly poor excuses for leaders and officers.

    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 09:19:23 PM PDT

    [ Parent ]

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