Posted on Feb 22, 2016
Let's say that we criminalized stolen valor. What punishment would be appropriate?
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Discussions regarding stolen valor recur quite frequently on this forum, but they never seem to serve any purpose other than to allow participants to vent without reaching a conclusion. Many have asked if it should be criminalized. Sometimes discussions of this type can gain a little traction if you assume a given conclusion and then work backwards. So, let's play the game. Assume that Congress begin drafting the act and the legislators ask you for advice: What type of punishment would be appropriate. If we can name a reasonable punishment, one that fits the "crime", maybe it should be a criminal act. If we can't agree on one, maybe there is not crime and it's simply a despicable act of a person who should be either pitied or humiliated. Keep in mind that this game only works if we take it seriously...
Stolen Valor
Punishment
Law
Edited 10 y ago
Posted 10 y ago
Responses: 19
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I would say Felony Imprisonment depending on what the individual is trying to claim that is a clear case of Stolen Valor. For instance, a person claiming that they were awarded the CMH, or a Service Level Cross Award. Then, I would definitely say that they deserve a 1st Degree Felony, a fine, and imprisonment. If the case were a person trying to claim a Silver or Bronze Star, then I would make that a lesser degree of a Felony; but I would still add a fine and jail time. If it was the case of someone trying to claim that they are a Veteran of a combat Operation; then I would suggest the harshest Misdemeanor, and a big fine. In all of the above cases, the person is Dishonoring, all of the individuals that have received those awards in the past and combat Veterans all the way back to the Revolutionary War. Just to put my 2 cents worth into this discussion.
Sincerely,
Kurt V. Woodward, MSgt, USAF, Retired
Sincerely,
Kurt V. Woodward, MSgt, USAF, Retired
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SGT Jonathon Caldwell
I like your answer. Different degrees of punishment for different false claims. Best answer I've seen so far. IMO
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MSgt Kurt Woodward
SGT Jonathon Caldwell - Thank you very much for your compliment. I think it all boils down to using common sense when our legislative representatives finally recognize that this is a crime, and a big slap in the face to all that are serving in our Military. And, those who served honestly and honorably; no matter what component Active Duty or in the Guard or Reserves.
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While I like the example set forth with picture used for the post, I think that would be frowned upon by today's American Society. I would suggest the same punishment as impersonating any other government figure. Jail time and a fine as a minimum. Keep in mind a conviction is public record therfore public humiliation comes with the territory. I realize ther is separation between the penalties for just doing the act of stolen valor and doing it for personal gain. Why not keep the penalty the same for both to discourage the act regardless the intent. My point being if a person is falsely wearing a uniform without the intent of personal gain, and they are offered a discount or service due to them wearing the uniform, are they really going to decline and admit they are a fake and thus undeserving of said discount or service? I severely doubt it. Make it so its not worth it. Set the example and be done with it.
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If it's not fraud. I'm all about some Community Service. They want to dedicate all that time to bedazzle their uniforms they obviously have enough time for Community Servoce.
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Stocks in the public square and an invitation to hurl tomatoes and insults.
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Fines are for people who will pay up. Doing time with 3 meals, bed, medical, etc... really?
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Wearing and or claiming , fine 1st offense
Wearing and or claiming and falsifying a dd214 1st offense felony
2nd offense ---- if a veteran reducing the character of discharge to other than honorable // if not a veteran 1 year in prison felony
I could go on and on
Wearing and or claiming and falsifying a dd214 1st offense felony
2nd offense ---- if a veteran reducing the character of discharge to other than honorable // if not a veteran 1 year in prison felony
I could go on and on
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Just like any other issue, do it once, you get fined. Do it again, get a heavier fine. Do it three times, do some time motherfucker.
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CPT Jack Durish
If there is actionable fraud, we don't need to criminalize stolen valor to redress it. We already have ample legislation and case law regarding fraud. Possibly then, we need only prosecute the fraud.
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CPO Frank Coluccio
The Ninth Circuit Court ruled that any "Stolen Valor" is an expression of freedom of speech late last year.
http://www.military.com/daily-news/2016/01/12/us-court-wearing-unearned-military-medals-is-free-speech.html
http://www.military.com/daily-news/2016/01/12/us-court-wearing-unearned-military-medals-is-free-speech.html
US Court: Wearing Unearned Military Medals Is Free Speech
A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn.
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CPT Jack Durish
CPO Frank Coluccio - Ah, the Ninth Circuit Court of Appeals. That bastion of constitutional restraint (that is dedicated to restraining the Constitution). As I responded to another comment above "I was surprised by the ruling that "stolen valor" was protected speech. There are limits on our First Amendment Rights which are consistent with free speech. For example, you can't yell fire in a crowded theater. Also, with every right comes responsibility. Your rights end where my nose begins. Inasmuch as stolen valor is offensive to many and may easily lead to fraud, I don't see why we couldn't craft a constitutionally acceptable law criminalizing stolen valor."
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