Could Lynndie England be executed if found guilty?

[stevedeshazer]

Since it seems clear that Pfc. England will face a court-martial, and we don't know what the charges will be, is this a possibility? She's pregnant to boot, which makes for an interesting dilemma.

I don't know much about the Uniform Code of Military Justice, but it seems to indicate that the punishment for crimes are to be determined by the court-martial itself and is open ended:

"893. ART. 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct."

source: http://www.military-network.com/main_ucmj/main_ucmj.htm

Also, the Commander-in-Chief can overrule any decision. Might he pardon her? What would Karla Faye Tucker think? Oh, that's right. She's dead.

disclaimer: Pfc. England has not been found guilty of anything, but there is some very damning evidence out there and a whole lot of pissed-off politicians and Pentagoners to toss into the mix.

Does anyone know more about how this might work?

[hippiechick]

1. I want her on a leash, on international televison ...

with a troop of brown people pointing at HER gentials before they flip the switch.

May she roast in hell. Bitch.


:hippie:

[mitchtv]

2. as my sainted mother would say...

"Is that any way for a young lady to speak"?

[malatesta1137]

4. but she was only blowing off steam!!

I hope Rush Limbaugh is sent to Iraq to get sodomized by Saddam's butler Long Dong Muhamad.

[prolesunited]

6. I'm sorry to see this type of response posted here

As despicable as her actions were, how would this treatment of her resolve anything. How would that make you or us any better?

I think this whole situation just points to the fact that violence merely begets more violence. Shouldn't we be the ones advocating an end to this vicious cycle?

Do I think she should be court-martialed? Yes. Do I think she should be jailed? Of course? Do I think she should be raped and tortured and killed? Absolutely not.

Please reconsider your harsh rhetoric.

[redwitch]

19. thank you

i abhor violence too. don't believe in the death penalty either.

[Name removed]

26. Deleted message

Message removed by moderator. Click here to review the message board rules.

[tabasco]

27. If somebody expresses a different opinion ...

I don't classify it as having a "holier than thou" complex. You should expect to see counteragrguments when you opine for torture and capital punishment as retribution for non-capital crimes.
Please remember - the reason we are outraged over these crimes is because we are supposed to be civilized. We will not end barbaric conduct by doing more of it.
And, since you asked, I give a shit.

[prolesunited]

31. I have a different opinion

and I expressed it politely, which is more than I can say for you.

[Deja Q]

28. How can we end it when we started it and are continuing it?

As a country?

These "people" are demonstrating to the entire world how we are like. They are America's representatives and, whoo-boy, they are representing US.

That's bad enough, but then Bush* and Rummy come out saying "Oh this is deplorable, don't look at them because we are not like that!" and "I don't want to see any more pictures of this sort of thing" (I forgot the article, or maybe it was a newspaper article last week, but it basically said "No more leaks from the media or else we will retaliate").

What's happening is modern-day America in action.

We're all guilty.

We need to show the world how we deal with wrongdoers. Right now, * creates problems and makes empty comments when somebody gets caught when doing something disgraceful. After all, remember when the invasion of Iraq began? Not once but TWICE some dipshit raised the US flag in Iraq. The media took some snaps and the soldier was ordered to take it down because we were, ahem, liberating the country and not occupying it. These days, we still see pics of palaces and things with American colors draped all over the place but nobody whines, because we're occupying it. It's like the word "liberation" has been removed from the entire English language!

People are going to stop whining about the current abuses just as they had with the flag stuff. With our media system, topical issues remain topical for 20 attoseconds. After that, it's ancient history.

The US will make no genuine attempt to punish the bastards. Hell, in America, whistleblowers get crucified, not praised for their courage to stop wrongdoers. (I'm wondering if the world hears about that as well...) Okay, all of this is supposition. I'll rephrase: I'll be shocked and awed if we really do see justice come through. But you can bet your sweet bippy that nothing at all will happen.

That's the problem. We need to do something. How do we convince the world we are a moral and ethical country? (pardon me, I've been laughing my ass off for the last 5 minutes. What I just said seems to be the biggest joke of all time.) Seriously however, I don't think we can. Our soldiers in uniform, defended by many overly-vocal idiots in this country as engaging in mere cutsie "frat pranks", have done significant damage to America's very CREDIBILITY throughout the world. I bet other countries are getting worried as well...

We'll be damn lucky if we don't get another terrorist attack. Hell, the way King George* is running things, nobody will be able to maintain diplomatic relations with civilized countries - and some of them know that the US doesn't have an infinite amount of troops and that we're supposedly stretched.

They say WW III will begin with peak oil and when China wakes up to realize it needs all that oil along with us. I say the parallels between Nazi Germany and Shrub America are frightningly similar these days.

Is all this hyperbole? Very probably, I am no diplomat nor a strategist. In terms of human relations and human nature, I'm a paranoid lunatic, conjuring up scenarios best left as television plots. I'm just terrified of what's going to happen as a result of the continual injustices the US is bestowing upon the world, combined with how it tries to cover its ass when it gets caught with its pants down (an increasingly routine event these days, much to our chagrin). What's happening is very bad indeed. And what's worse is the sheer amount of Americans readily dismissing it all as being nothing of consequence! I'm scared. We all should be, particularly those numb enough not to see the seriousness of the situation, the ones who shrug it off as being a 'frat prank'. It's far, far worse than that. Best case scenario (which is not good by any measure) is that this gives * more terrorists to kill. Worst case scenario is WW III.

Let's hope things don't get worse and that I really am loopy with my predictions and hyperbole.

[Warpy]

13. Why focus on her, exclusively?

Sure, she was gleeful, and that cig dangling out of her mouth didn't help. She's a very unsympathetic character, a small town hick at best, caught up in being as cruel as she was given permission to be.

But aren't we kind of missing the point, here? It seems that the worst of the crimes were (like the sodomy by broomstick) were committed by her male coworkers. The orders that allowed them to do whatever they wanted to get information the Pentagon wanted very badly certainly came from higher up.

Yeah, court martial her. Court martial the lot of them, though. Squeeze them until the names of who gave them permission to torture pop out. Then go after them, right up the line, as far as it goes.

I'm seeing a disturbing double standard here, as well as in the media. This dummy is being focused on. We know her name. How many names of male guards are known? How many of their pictures have been published?

Let's have a little focus here, people.

[stevedeshazer]

15. In part, because she is pregnant

None of the others are as far as I know.

And yes, I want them all to face the music, as it were.

[rumguy]

3. no

[rwheeler31]

5. Coulter and her ilk will use her to blame all evil on woman.

She will be very harsly and unfairly used.

[Beloved Citizen]

41. Wouldn't be the first time Bush held an execution...

...for political purposes.

A little public burning would do wonderfully as a distraction from his many failures in office.

[foreigncorrespondent]

7. Um!

What about the guys who were responsible for the torture as well. Don't they deserve the same punishment because they are guys or something?

[stevedeshazer]

9. I'm not suggesting it

I'm just asking the question: Under the UCMJ, could she receive the death penalty? Same for the others.

For the record, I oppose the death penalty, period.

[foreigncorrespondent]

12. I realize that...

...but did you name any of the men present for the torture as well? NO! You just named one person, a woman! When clearly she wasn't the only one responsible for these crimes.

[stevedeshazer]

16. No offense to women intended.

I don't know the names of any of the others who are accused. Her name is the one out there, that's not something I did.

[foreigncorrespondent]

18. Well the names of all of them responsible...

...had been posted at DU, maybe you should take time to research something out rather than insult a group fo people, which are clearly in the minority in the U.S. and many other civilized nations still.

[stevedeshazer]

24. I honestly don't understand what's bugging you about my post

True, I missed the other names, I'm sorry I didn't see them.

But I don't understand who I am insulting. Can you help me out here?

[markomalley]

8. Sorry...no firing squad for this one...

The Manual for Courts Martial says the following:

"e . Maximum punishment. Dishonorable discharge,forfeiture of all pay and allowances, and confinement for 1 year."

http://www.army.mil/usapa/epubs/pdf/mcm2002.pdf (it's on page 303)

[stevedeshazer]

14. Thanks for the info.

No need to be sorry, as I'm not calling for her execution. Just wanted to know if it was a possibility.

[Tinoire]

20. Did you read the entire document?

I'm no JAG but I did a search for the word "death" in that manual and came up with 363 hits.


Rule 1004. Capital cases

(a) In general. Death may be adjudged only when:

(1) Death is expressly authorized under Part IV of
this Manual for an offense of which the accused has
been found guilty or is authorized under the law of
war for an offense of which the accused has been
found guilty under the law of war; and
(2) The accused was convicted of such an offense

<snip>

(10) That, only in the case of a violation of the
law of war, death is authorized under the law of war
for the offense;

<snip>

(e) Other penalties. Except for a violation of Article
106, when death is an authorized punishment for an
offense, all other punishments authorized under
R.C.M. 1003 are also authorized for that offense,
including confinement for life, with or without eligibility
for parole, and may be adjudged in lieu of the
death penalty, subject to limitations specifically prescribed
in this Manual. A sentence of death includes
a dishonorable discharge or dismissal as appropriate.
Confinement is a necessary incident of a sentence of
death, but not a part of it.

[markomalley]

23. Actually...

...I've had to read it (back in the bad old days when I was still in). And there are only certain articles of the UCMJ where death is authorized. This isn't one of them.

[Tinoire]

29. Well I'm not a JAG

I'm not a JAG but I still believe she can here.

1. Torture, in violation of the Geneva Conventions and the UCMJ.
   
   
2. Rape, in violation of the Geneva Conventions and the UCMJ.
   
   
3. Assault, in violation of the Geneva Conventions and the UCMJ.
   
   
4. Disgraced their uniforms, in violation of the Geneva Conventions and the UCMJ.
   
   
5. Placed each and every American soldier who might be captured by anyone anywhere at risk of torture and other mistreatment by abrogating the Geneva Conventions, in violation of the UCMJ.
   
   
6. & God knows what else there is still to find out.
   

It will be curious to see what the Article 32 investigation turns up. After that this will probably go to a General Courts Martial which can find them guilty of warcrimes or crimes against humanity.

I'll be curious to see...

[markomalley]

33. Not through that mechanism

A court martial can only convict on crimes via the UCMJ. Now if the jurisdiction is changed from military to civilian or to international, then the rules change as well...

No, she could be brought up on a number of charges...Article 78, 81, 92 and 93 come to mind. Unless there is proof that she raped a prisoner (which, by the military definition of the term is pretty difficult for a female to do)...Article 120 and 125 would probably not be charged for her (maybe for the male guards). Out of all those articles, the only one with a death penalty option is Article 120. I don't think she's been charged with Article 120.

[Tinoire]

37. I'm not qualified to go into depth on this but

Let's just speculate ane meet for a beer down the road because I dare not speak for JAG. Who know how this will turn out. The Nazis thought they were safe because they had broken no laws existing on the books at the time.

Deal?

===
One of my sticking points with this is "what constitutes rape?"

When it comes to the rape of the soul, she's as guilty as hell (not alone but guilty I think): i'm not sure how far the military is willing to go in its definition of rape.

I hate to say this but I feel so sorry for her. I think of all the youg malleable kids I trained and I KNOW that if I were an evil person, I could have trained this kid to do despicable things because the military structure is set up to level their mental playing field and build from there.

She still bears responsibility but oh my God, where are the people who diverted her into this direction?


Do you remember the chapter whatever kids? The ones who had no choice but to join the Army or go to jail? Our power was so great that the government could send us "bad kids" and maked them into "good kids".

I believe the converse is also true. We can take good kids and turn them into bad ones- just like the Germans did. The entire "Warrior Ethos" Program is really alarming me because of its calculated will to awaken their "inner warrior" willing to do "whatever it takes".

I don't know if you've seen this but as a former NCO, it alarms me. What I see is that they're being taught now to just kill, kill, kill- the gloves are off and let's just get knock-down dirt even with no regard for laws such as the Geneva Convention, the same laws that are striving to maintain some sort of balance in this world.

I've got one soldier I trained who refused to fire on a house where the women rushed to the windows clutching children in their arms. He refused. They ordered again. He refused. They ordered again. He finally obeyed. Now he's back at Bragg just staring at the walls; he won't even touch his own kids anymore because all he sees when they come near him is little Iraqi kids being blasted, red, from that house.

This entire thing is sick and out of hand.

Personally, I don't want to see the girl get fried. I want the people above her to be exposed and fried. She's nothing but a poor cog.

Must_B_Free (1000+ posts) Tue May-04-04 08:49 PM
Original message
The Conduct is Pervasive - it's part of the Warrior Ethos Program


Warrior Ethos, a product of Task Force Soldier, is the concept of preparing every Soldier to close with and destroy the enemy when necessary, even if it means doing it with his or her bare
hands.
http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/026404.asp

-------------------------------------------------------

"The gas chamber is a beautiful place," said a smiling Sgt. 1st Class Freddie Thompson, 2nd Platoon drill sergeant. "I’ve had privates big and bad, and they’re the biggest sissies in there."

Thompson has been a drill sergeant for more than a year and is in his seventh BCT cycle. He said the gas chamber is one of the top three most memorable events for trainees in basic training, up there with the 40-foot high Treadwell Tower and qualifying with the M-16A1 rifles.

"It’s kind of along the lines of thrill-seeking," he said.

"The majority are kind of excited. It’s something you’re scared of, but it’s so scary it’s fun, and it’s so fun it’s scary."

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/031704.htm

-------------------------------------------------------

The nature of missions being conducted in Iraq right now requires Soldiers to have close contact with the civilian populace, where a lack of combatives skills can be a major concern, said Maj. Jon Segars, 3rd Brigade training and operations officer.

Soldiers are taught to dominate opponents by seizing the initiative in a fight rather than reacting to enemy attacks as most civilian self-defense courses teach.

Sgt. 1st Class Jeremy Brown, a Combatives School instructor, said the school is using feedback from Soldiers who were deployed to Iraq, Afghanistan and the Balkans through after-action interviews to further develop the curriculum. For example, the Soldiers felt they weren’t prepared to deal with large numbers of detainees.

The course teaches Soldiers to fight, but it also has an indirect effect on the Soldiers, he said. It also instills aggressiveness and confidence in the Soldier and embodies what Warrior Ethos represents, he said.

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/032804.htm

-------------------------------------------------------

"I am a Warrior and a member of a team. I stand ready to deploy, engage and destroy the enemies of the United States of America, states the Soldiers Creed. These words will subconsciously remind Soldiers and leaders they have to be comfortable with uncertainty", Simpson said.

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/033504.htm

-------------------------------------------------------

Not interested in directing a research project, rather with getting results as quickly as they can be made available, Cloy said his office uses resources from the civilian sector as well as the military.

The future force Soldier is equipped for battle, physically but also spiritually, morally and ethically, Cloy said. This Soldier is able to accept and adapt to cultural as well as environmental differences.

"We research how to teach Soldiers what they believe in Army Values and how those values work in other countries, like Iraq. We don’t teach Soldiers that in basic training: how to deal with people who think differently," said Cloy. "The human dimension is cognitive, psychological, physiological and spiritual. It’s an attitude, a warfighter attitude. That’s why we say it’s ‘from the skin in.’"

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/036304.htm

-------------------------------------------------------

Fifty percent of Drill Sergeant School is conducted in classrooms. There, candidates must learn not only what their training must produce but what priority to give motivation to fight. Because drill sergeants train new Soldiers, the huge responsibility for creating the right mindset rests solely on their shoulders.

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/036504.htm

-------------------------------------------------------

The training has made Chan ready, he said. "The warrior in me was dormant, and it was awakened by my drill sergeants. I will fight for my country," he said.

Chan joined the Army, he said, because three of his friends and a cousin were killed in the attacks on the World Trade Center Sept. 11, 2001.

"It was a horrible experience. If there was anything I could do, this was it," he said.

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/021804.htm

-------------------------------------------------------

This is a series about change.

How a 17-year-old from Nettleton, "Mis’sippi," is changed from a boy to a man in less than one-fourth the amount of time it will take for his unborn child to grow from an egg to a baby in his fiancee’s womb.

It’s about training warriors.

http://www-tradoc.army.mil/pao/Web_specials/WarriorEthos/023704.htm

-------------------------------------------------------

"Three hundred thousand Soldiers are deployed right now and doing things not just in Iraq and Afghanistan, but all over the globe. It’s incredible," Schoomaker said. "And these people are operating on intent. I’ve been there, looked them in the eye. And what I recognize is what I’ve seen many, many times over: a degree of will, the ability to kill and the kinds of things we have got to be able to do on the battlefield to win."

The Army’s plan is to have Warrior Ethos totally embedded into every Soldier by Fiscal Year 2006. This includes making it part of basic and AIT for new Soldiers, and potentially part of the Noncommissioned Officer Evaluation System and Officer Evaluation System as well. By implementing Warrior Ethos worldwide, the Army will enhance the warrior spirit in the world’s greatest fighting force, enabling Soldiers to be more ready to fight and win anytime, in any conditions, anywhere in the world.




http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x1530692#1535180


Look for Kevin Byrnes and Warrior Ethos.
===================================

Must_B_Free (1000+ posts) Mon May-03-04 12:47 AM
Response to Original message

39. Here's some coincidental strategy branding regarding Fallujah

Edited on Mon May-03-04 01:43 AM by Must_B_Free
http://www.guardian.co.uk/Iraq/Story/0,2763,1102940,00.html

Tuesday December 9, 2003

The Pentagon did not return calls seeking comment, but a military planner, Brigadier General Michael Vane, mentioned the cooperation with Israel in a letter to Army magazine in July about the Iraq counter-insurgency campaign.

"We recently travelled to Israel to glean lessons learned from their counterterrorist operations in urban areas," wrote General Vane, deputy chief of staff at the army's training and doctrine command.

"When we turn to anyone for insights, it doesn't mean we blindly accept it," Col Peters said. "But I think what you're seeing is a new realism. The American tendency is to try to win all the hearts and minds. In Iraq, there are just some hearts and minds you can't win. Within the bounds of human rights, if you do make an example of certain villages it gets the attention of the others, and attacks have gone down in the area."

http://www.msnbc.msn.com/id/3702655 /
Dec. 13, 2003

JERUSALEM - In fighting insurgents in Iraq, the United States is drawing on some of Israel’s methods and experiences in the West Bank and Gaza Strip, including running checkpoints and tracking militants with drone aircraft, Israeli officials say.

Israeli and U.S. security experts have met repeatedly in recent months to discuss urban warfare and Israel’s lessons from its grueling three-year fight against Palestinian militants

Israeli expert predicts U.S. defeat

“They are already doing things that we have been doing for years to no avail, like demolishing buildings ... like closing off villages in barbed wire,” Van Creveld said. “The Americans are coming here to try to mimic all kinds of techniques, but it’s not going to do them any good.”

“I don’t see how on earth they (the U.S.) can win. I think this is going to end the same way Vietnam did,” Van Creveld said. “They are going to flee the country hanging on the strings of helicopters,” he added, referring to the 1973 U.S. departure from Saigon.

http://www.csmonitor.com/2003/0929/p07s02-wome.html
September 29, 2003 edition

US eyes Israeli software as training tool for forces in Iraq

For US soldiers wondering what they should and should not do in their role as occupiers of Iraq, help may be on the way from the Israel Defense Forces.

The Israeli military has developed a software program to teach junior commanders 11 "codes of conduct'' when operating among civilians - fight only those fighting you, respect the dignity of the local population, don't pillage, and so forth.

The subsequent animation tells viewers that mistreating civilians can turn them into the enemy. Another image depicts civilians who deserve to be treated with "dignity and humanity": a woman holding a child, a cleric, an elderly man, and a representative of the civil authority.

http://www.hindu.com/2004/04/28/stories/2004042802061600.htm
Wednesday, Apr 28, 2004
U.S. tactics in Iraq carry Israeli imprint

MANAMA, APRIL 27. In enforcing its siege around Fallujah, the U.S. has employed tactics similar to the ones that Israel has adopted against Palestinian fighters, in the West Bank and Gaza Strip.

The U.S.-Israeli connection in this field can be traced to the April 2002 battle of Jenin in the West Bank, defence analysts say. American troops, soon after this clash, were reportedly sent for training to the mock Arab town that the Israeli Army had created in the Tzrifin area of the southern Negev Desert.

The U.S. publication Defence News has reported that in December 2003, senior Israeli military officers hosted a series of meetings involving a U.S. team headed by Gen. Kevin Byrnes, commander of the U.S. army's training and doctrine command.

------------------

Could it be possible that rekindling Americas new spirit of torture is just one of many parts of a strategy called "New Realism"?

I would almost expect "Neo Conservatives" to use "New Realism" as a coined justification for torture?

Here's where it gets really ugly:

------------------

http://www.commondreams.org/headlines03/1207-06.htm

Published on Sunday, December 7, 2003 by the New York Times
Tough New Tactics by U.S. Tighten Grip on Iraq Towns

In selective cases, American soldiers are demolishing buildings thought to be used by Iraqi attackers. They have begun imprisoning the relatives of suspected guerrillas, in hopes of pressing the insurgents to turn themselves in.

=============================

Aries (442 posts) Sat May-08-04 11:28 AM
Response to Original message

30. Lt. Gen. William G. "Jerry" Boykin, for one


via Josh Marshall:

http://www.talkingpointsmemo.com/archives/week_2004_05_02.php#002926

"...In many of the articles on this emerging Iraqi prisoners story, it has been claimed that some of the key instigators or enablers of bad acts were military intelligence officers.

Now, who's the head of military intelligence? 'Head' is too vague. There's no such post per se. But what comes pretty close is the Deputy Undersecretary of Defense for Intelligence.

And who's that? Lt. Gen. William G. "Jerry" Boykin.

Remember him? He's the one who got in trouble last year for describing his battle with a Muslim Somali warlord by saying "I knew that my God was bigger than his God. I knew that my God was a real God and his was an idol", saying President Bush was chosen by God, and generally that the war on terror is an apocalyptic struggle between Christianity and Satan...."


http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=1553028#1554466

[markomalley]

38. She could also "commit suicide"

I've seen that one before as well.

Look, your bit about the "warrior ethos" is right on the mark. More people need to pay attention to those cites you've quoted. They are training young people to display the "standards of behavior" necessary to be effective soldiers. When some that may be unbalanced naturally are subjected to this, they can snap. When you combine this with some who have such low self-esteem, they will tolerate and may actually participate in this type of thing.

This is not to say that the military is training their people to be war criminals...but that war criminals always exist in large armies, no matter how well trained...

The way out of this is to restructure so that it cannot ever happen again. A strong military will be used (always has been, always will be). So, if you don't want to see this, you need to work to demobilize.

[Tinoire]

44. Working to demobilize...

I'm saving that one for my next lifetime. We can't even get them to cut the Pentagon's budget!

Demobilization would be a great thing; I'm just afraid it's too late because we built the International Arms industry up so much that there's no way we, or anyone else, can trust the other.

Thanks

[IronLionZion]

10. NO!!!

She didn't kill them! geez! It would be nice for that bitch to be treated the same way by a bunch of Iraqis. Or rather, the same Iraqis she abused. They might need to blow off a little steam.

[stevedeshazer]

35. Please re-read my post

I didn't say she killed anyone.

Thank you.

[IronLionZion]

36. I know

We don't usually execute someone unless she has killed someone. Well, maybe in Texas, but generally we don't go that far. And I thought liberals were against the death penalty.

[stevedeshazer]

39. I am

I posted that in this thread, too.

[Tinoire]

11. I'm beginning to feel pity for her & your question, YES, she could

(answer to your death penalty question below)

Without Bush's insanity, Lynndie England would be working at her chicken-processing job.

---

IN the one-stop, five-churches, crossroads town that is Fort Ashby, West Virginia, Lynndie England was only really noted for one thing as she grew up – chasing storms. Her mother used to have to drag the young England into the house when there was warning of a tornado approaching.

There is nothing in England’s past to suggest that she was destined to become a global hate figure. No childhood abuse, no cruelty to animals; she refused to shoot deer on hunting trips. She was a rather ordinary girl, fairly feisty, but nothing exceptional. Now the storm has caught her.


<snip>

In the backwaters of West Virginia, where military service offers the assurance of health care and a chance of educational improvement, the army finds plenty of volunteers. England joined the reserves when she was still at Frankfort High School in Ridgley, viewing it as an exit route to the wider world and a rung on the ladder to her ambition of being a meteorologist.

Before becoming an army clerk, she would not have passed muster for The Jerry Springer Show. By the time she was out of her teens, she had been married and divorced within a year, lived in a trailer park and spent nights working in a chicken processing factory. She was called to service in Iraq in February 2003, but the first sign that something might be wrong came last January when she phoned her parents from Baghdad to tell them “there might be some trouble”.

<snip>

http://www.sundayherald.com/41873

===================

Sure she could. If they court-martial her.

The U.S. Military Death Penalty

<snip>

Date of last military execution

On April 13, 1961, U.S. Army Private John A. Bennett was hanged after being convicted of rape and attempted murder. (R. Serrano, "Last Soldier to Die at Levenworth Hanged in an April Storm," Los Angeles Times, 7/12/94).

Minimum Age to Receive the Death Penalty

18 years

Death Row Location

U.S. Disciplinary Barracks, Fort Leavenworth, Kansas

Method of Execution

Lethal Injection

Date the Death Penalty Was Reenacted after Furman

In 1983, the Armed Forces Court of Appeals held in U.S. v. Matthews, 16 M.J. 354, that military capital sentencing procedures were unconstitutional for failing to require a finding of individualized aggravating circumstances. In 1984, the death penalty was reinstated when President Ronald Reagan signed an executive order adopting detailed rules for capital courts-martial. Among the rules was a list of 11 aggravating factors that qualify defendants for death sentences.

Life Without Parole

A recent amendment to the Uniform Code of Military Justice offers a new alternative to the death penalty. For crimes that occurred on or after November 17, 1997, a sentence of life without the possibility of parole is now possible. Prior to this legislation, those servicemembers serving a life sentence would be eligible for parole after serving 10 years.

Clemency Process

The President has the power to commute a death sentence and no servicemember can be executed unless the President personally confirms the death penalty.

Capital Offenses
The Uniform Code of Military Justice provides the death penalty as a possible punishment for 15 offenses, many of which must occur during a time of war. All 7 men on the military's death row were convicted of premeditated murder or felony murder.

Who Decides Sentence

In a military capital case, the convening authority -- a high ranking commanding officer who decides to bring the case to a court martial -- decides if the death penalty will be sought. Once decided, the convening authority picks those servicemembers who will serve as panel members/jurors. One requirement for the panel is that if the accused so chooses, at least 1/3 of the panel must consist of enlisted personnel.
The only other requirement of a panel is that it consist of at least five members. Therefore, the number of panelists in a military death penalty case can vary from case to case. Although no state provides for a panel of less than 12 jurors in a capital case, military appellate courts have rejected challenges to capital court-martialed panels with fewer than 12 members. (see, e.g., United States v. Curtins, 32 M.J. 252 (C.M.A.), cert denied, 502 U.S. 952 (1991)).

(Unless otherwise noted, source: D. Sullivan, "A Matter of Life and Death: Examining the Military Death Penalty's Fairness," The Federal Lawyer, June 1998)

<snip>

Lots more here: http://www.deathpenaltyinfo.org/article.php?did=180&scid=32#facts

[LandOLincoln]

17. Finally! Girl, where you been? Enough with the

endless research. You're needed elsewhere...

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=1560637&mesg_id=1561308&page=

[Tinoire]

22. Lol. I'm on my way

:hi:

[stevedeshazer]

34. Thank you so much for the straight answer

That's really all I was looking for.

I seem to have been branded a sexist for asking my question.

[Tinoire]

43. Anytime

Not to worry... Please don't think you were branded for an innocent question ;) we're just a bunch of outspoken Liberals speaking our mind. Happens all the time. The people who tangle with you today will be your firmest defenders tomorrow. There's little ill will here for the most part; unfortunately there's a LOT of steam to vent.

I noticed that first they tossed out Lynndie, then Karpinski, now Sabrina Harman. At these rate it will take us long months to get to the real culprits!

[corporatewhore]

21. She Should be locked in Same Cell as Bush n' Rummy

a fate worse than DeatH!!!!!!

[rwheeler31]

25. Killing is wrong/ if you are fighting the wrong war.

nt

[Solly Mack]

30. Entire list of punitive articles under the UCMJ :along w/ a link

http://usmilitary.about.com/library/milinfo/ucmj/blucmj.htm

The above link will get you the action and the possible sentence for each action


Sub Chapter X. Punitive Articles

Article 77. Principals.
Article 78. Accessory after the fact.
Article 79. Conviction of lesser included offense.
Article 80. Attempts.
Article 81. Conspiracy.
Article 82. Solicitation.
Article 83. Fraudulent enlistment, appointment, or separation.
Article 84. Unlawful enlistment, appointment, or separation.
Article 85. Desertion.
Article 86. Absence without leave.
Article 87. Missing movement.
Article 88. Contempt toward officials.
Article 89. Disrespect toward superior commissioned officer.
Article 90. Assaulting or willfully disobeying superior commissioned officer.
Article 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Article 92. Failure to obey order or regulation.
Article 93. Cruelty and maltreatment.
Article 94. Mutiny or sedition.
Article 95. Resistance, breach of arrest, and escape.
Article 96. Releasing prisoner without proper authority.
Article 97. Unlawful detention.
Article 98. Noncompliance with procedural rules.
Article 99. Misbehavior before the enemy.
Article 100. Subordinate compelling surrender.
Article 101. Improper use of countersign.
Article 102. Forcing a safeguard.
Article 103. Capture or abandoned property.
Article 104. Aiding the enemy.
Article 105. Misconduct as prisoner.
Article 106. Spies.
Article 106a. Espionage
Article 107. False official statements.
Article 108. Military property of United States-- Loss, damage, destruction, or wrongful disposition.
Article 109. Property other than military property of the United States-- Waste, spoilage, or destruction.
Article 110. Improper hazarding of vessel.
Article 111. Drunken or reckless driving.
Article 112. Drunk on duty.
Article 112a. Wrongful use, possession, etc., of controlled substances.
Article 113. Misbehavior of sentinel.
Article 114. Dueling.
Article 115. Malingering.
Article 116. Riot or breach of peace.
Article 117. Provoking speeches or gestures.
Article 118. Murder.
Article 119. Manslaughter.
Article 120. Rape and carnal knowledge.
Article 121. Larceny and wrongful appropriation.
Article 122. Robbery.
Article 123. Forgery.
Article 123a. Making, drawing, or uttering check, draft, or order without sufficient funds.
Article 124. Maiming.
Article 125. Sodomy.
Article 126. Arson.
Article 127. Extortion.
Article 128. Assault.
Article 129. Burglary.
Article 130. Housebreaking.
Article 131. Perjury.
Article 132. Frauds against the United States.
Article 133. Conduct unbecoming an officer and a gentleman.
Article 134. General Article.

[MadProphetMargin]

32. She can be shot, or hanged.

[scarface2004]

40. most likely she'll be shot..

by firing squad..then bush can say she won t be causing us any trouble any more!!

[TreasonousBastard]

42. Legally-- possibly, but...

if she's found guilty of anything, the sentencing will be highly politicized. As much as our President loves executions, it's highly doubtful that anyone would want the public outcry that would follow if we executed anyone for mistreating Iraqi prisoners.

The military regularly has to deal with rapes at overseas bases where local civilians are the victims, and hasn't executed one of them yet.

Crimes against humanity is a bit of a stretch here. Death camps seem to be missing from the scene. And governments are usually loathe to charge their own with such things. They charge the losers of the war with that stuff, preferably under an international tribunal.

We know of several deaths, but even with those the charges, trials, and sentencing will be every bit as political as legal.

Citing the UCMJ is pretty much useless unless one knows just how charges are brought under the system and what rules of evidence are used. Just like civilian law, actual practice can be far different from the way the statute's written.