Peter1469
07-14-2013, 08:47 PM
This is a very big deal in the military justice system because commanders run it; and the panel (jury) members are evaluated by the commanders.
President Obama said (http://www.nytimes.com/2013/07/14/us/obama-remark-is-complicating-military-trials.html?hp&_r=0)
that those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,”
Now what do the panel members in sexual assault cases think? Is it better to sleep through the court-martial and vote guilty, than to buck the commander in chief if the prosecution can't prove its case?
In at least a dozen sexual assault cases since the president’s remarks at the White House in May, judges and defense lawyers have said that Mr. Obama’s words as commander in chief amounted to “unlawful command influence,” tainting trials as a result. Military law experts said that those cases were only the beginning and that the president’s remarks were certain to complicate almost all prosecutions for sexual assault.
“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.
I was involved in a high profile rape case in **** that involved very serious allegations of undue command influence by the division commander. I actually agreed with the defense in that allegation, but because this particular general is still a loved retired general I won't name names. The closed door hearing on the undue command influence took almost as long as the actual trial, and I got to lead the questioning of said famous general. All the while knowing that the defense motion should have been granted.
But I won that motion, and the case in chief. Along with another case just as important. Both in my last week in ***** in April 2002. I didn't even get to properly out process from the unit because I was in court for the vast majority of those two weeks. I was surprised to be upgraded to first class on my flight out of town. Never asked how that happened. Now I wonder.
President Obama said (http://www.nytimes.com/2013/07/14/us/obama-remark-is-complicating-military-trials.html?hp&_r=0)
that those who commit sexual assault in the military should be “prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,”
Now what do the panel members in sexual assault cases think? Is it better to sleep through the court-martial and vote guilty, than to buck the commander in chief if the prosecution can't prove its case?
In at least a dozen sexual assault cases since the president’s remarks at the White House in May, judges and defense lawyers have said that Mr. Obama’s words as commander in chief amounted to “unlawful command influence,” tainting trials as a result. Military law experts said that those cases were only the beginning and that the president’s remarks were certain to complicate almost all prosecutions for sexual assault.
“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.
I was involved in a high profile rape case in **** that involved very serious allegations of undue command influence by the division commander. I actually agreed with the defense in that allegation, but because this particular general is still a loved retired general I won't name names. The closed door hearing on the undue command influence took almost as long as the actual trial, and I got to lead the questioning of said famous general. All the while knowing that the defense motion should have been granted.
But I won that motion, and the case in chief. Along with another case just as important. Both in my last week in ***** in April 2002. I didn't even get to properly out process from the unit because I was in court for the vast majority of those two weeks. I was surprised to be upgraded to first class on my flight out of town. Never asked how that happened. Now I wonder.