Full Version: Military Tribunals
http://www.cnsnews.com/ViewForeignBureaus....R20041104i.html
http://www.telegraph.co.uk/news/main.jhtml...5/ixportal.html
Im not sure if any laws where "bent" in this case but it seems like a very light sentence. Which brings me to my question whether or not any laws where bent in this case. Consider the recent marine investigation outlined here.
Given the extreme psychological nature of war should military tribunals "bend" laws by taking into account the circumstances that led to the "crime"?
Do you agree with the decision that was given to Jenkins?
QUOTE
Pacific Rim Bureau (CNSNews.com) - A U.S. soldier who deserted his post along the Korean demilitarized zone 39 years ago and went across to North Korea has been dishonorably discharged from the U.S. Army and jailed for 30 days.
Charles Jenkins' sentence by a court martial at a U.S. military base near Tokyo came after the Japanese government appealed to the U.S. for leniency.
In return, the 64-year-old North Carolina native is expected to provide information to U.S. authorities gleaned from his time in the reclusive Stalinist country.
Charles Jenkins' sentence by a court martial at a U.S. military base near Tokyo came after the Japanese government appealed to the U.S. for leniency.
In return, the 64-year-old North Carolina native is expected to provide information to U.S. authorities gleaned from his time in the reclusive Stalinist country.
http://www.telegraph.co.uk/news/main.jhtml...5/ixportal.html
QUOTE
In a statement prepared by his American military lawyer, Mr Jenkins said: "In two of the cases, the Americans had multiple children who are now young adults who appear to be American or European."
According to Mr Jenkins's account, the Americans were allowed to marry only so that they could produce spies for North Korea, "so they could target American interests in South Korea and beyond".
To back up his claim, Mr Jenkins has produced a photograph of five people he alleges to be spies for North Korea. They are believed to be the children of three other American soldiers - James Dresnok, Larry Abshier and Jerry Wayne - who disappeared into North Korea during the Cold War. He says that the photograph was taken in April.
...
After undergoing corrective treatment for a botched prostate operation carried out in North Korea, Mr Jenkins last week promised to turn himself in to the American military. Since then he has for the first time spoken of his hatred for the North Korean regime. Under its control he endured beatings as officials turned the American soldiers against each other.
The diminutive Mr Jenkins claims that he was repeatedly bullied by Mr Dresnok. "If I didn't listen to the North Korean government, they would tie me up, call Dresnok in to beat me. Dresnok really enjoyed it," he said.
The claim that North Korea ran a spy breeding programme is the latest in a long list of extraordinary operations that North Korea is believed to have undertaken in its struggle to gain information about the West.
According to Mr Jenkins's account, the Americans were allowed to marry only so that they could produce spies for North Korea, "so they could target American interests in South Korea and beyond".
To back up his claim, Mr Jenkins has produced a photograph of five people he alleges to be spies for North Korea. They are believed to be the children of three other American soldiers - James Dresnok, Larry Abshier and Jerry Wayne - who disappeared into North Korea during the Cold War. He says that the photograph was taken in April.
...
After undergoing corrective treatment for a botched prostate operation carried out in North Korea, Mr Jenkins last week promised to turn himself in to the American military. Since then he has for the first time spoken of his hatred for the North Korean regime. Under its control he endured beatings as officials turned the American soldiers against each other.
The diminutive Mr Jenkins claims that he was repeatedly bullied by Mr Dresnok. "If I didn't listen to the North Korean government, they would tie me up, call Dresnok in to beat me. Dresnok really enjoyed it," he said.
The claim that North Korea ran a spy breeding programme is the latest in a long list of extraordinary operations that North Korea is believed to have undertaken in its struggle to gain information about the West.
Im not sure if any laws where "bent" in this case but it seems like a very light sentence. Which brings me to my question whether or not any laws where bent in this case. Consider the recent marine investigation outlined here.
Given the extreme psychological nature of war should military tribunals "bend" laws by taking into account the circumstances that led to the "crime"?
Do you agree with the decision that was given to Jenkins?
Laws in the general sense include a good deal of leeway. In the familiar case of traffic police, for example, an officer is rarely under any requirement to cite an offense. An observed infraction may result in an action, but it is normally discretionary.
Military codes have even more latitude than civilian laws: among other reason for this, the services feel that they will require the option to apply the death penalty, as a more likely part of their role in society (warfare). Thus, it is common for the range of punishment available for an infraction to vary from a mild scolding to the firing squad. Depending...
The observed flexibility is a built-in part of the Uniform Code of Military Justice. The extraordinary conditions that war brings to the application of a Code are an important part of the design considerations.
Certainly. In evaluating Private Jenkins' offense, a/the principle inquiry will be, did he intend with his action to harm the US or the service, and during the period of his desertion did he aid the enemy (as a goal of desertion).
Since Jenkins does not appear to have had a nefarious intent, and did not conspire closely with the enemy, it was easy for the military tribunal to grant him leniency.
I am sure the military and the tribunal were relieved.
Military codes have even more latitude than civilian laws: among other reason for this, the services feel that they will require the option to apply the death penalty, as a more likely part of their role in society (warfare). Thus, it is common for the range of punishment available for an infraction to vary from a mild scolding to the firing squad. Depending...
QUOTE
Given the extreme psychological nature of war should military tribunals "bend" laws by taking into account the circumstances that led to the "crime"?
The observed flexibility is a built-in part of the Uniform Code of Military Justice. The extraordinary conditions that war brings to the application of a Code are an important part of the design considerations.
QUOTE
Do you agree with the decision that was given to Jenkins?
Certainly. In evaluating Private Jenkins' offense, a/the principle inquiry will be, did he intend with his action to harm the US or the service, and during the period of his desertion did he aid the enemy (as a goal of desertion).
Since Jenkins does not appear to have had a nefarious intent, and did not conspire closely with the enemy, it was easy for the military tribunal to grant him leniency.
I am sure the military and the tribunal were relieved.
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