Posted on Dec 2, 2014
TSgt Jackie Jones
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Military court
In most states, the Court is recognizing Veterans that have committed a crime and offering a different type of program to them. (In line with the probation that they may already be granted). How do the masses feel about it?

I understand the specialized need for treatment for certain Veterans and that everyone should be treated as an individual, on a case by case basis, which I hope is how this would be carried out by all, but for those with significant criminal histories, should they get the specialized options?
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CMSgt James Nolan
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Yes and No.

In making sentencing determinations, Judges (State, County and Federal) utilize the resources available to them, which includes a Pre-Sentence Investigation &Pre-Sentence Report by a Probation Officer. The history of the defendant would be taken into consideration when formulating a sentence that will cease the errant behavior and punish appropriately.

Special treatment? As in should the crime be discounted? No, I (having spent a tremendous amount of time involved with the Courts) know that Probation Officers report accurately to the Court and the Court takes their opinions/information seriously into the formulation of those sentences. The Veteran should speak honestly and openly about "what is up" and either get the help needed or face the music.

There are situations where Pre-Trial Diversion can be an option and in some cases may be a viable solution, but I don't necessarily see that as "special treatment"

In cases of PTSD/Emotional Disorders-Mental Disorders/Addictions, I believe that open and honest conversation with the Court/Probation will lead to the getting of the appropriate help.

Veteran status does not constitute a pass.
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SSgt Forensic Meteorological Consultant
SSgt (Join to see)
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One problem is legislators trying to curry favor in lieu of votes. The result is a conundrum of epic proportions. Rather than mitigate we force some onto the streets with no alternative but to visit the judicial process once again. Good take sir!
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CPL Rick Stasny
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As someone who has spent the last two decades working around inmates. I feel that alternative sentencing may be a very good option for minor offenses, but violent crimes should not be considered for these options. I have an open door policy and encourage the inmates to voice their concerns prior to them becoming problems. I recently had an inmate throw the PTSD card at me, and more so as a threat to get his way. I made all of the appropriate referrals for him. In which he was non compliant with the psychs and anyone he encountered. Sipply put, he was a violent inmate and in complete denial of his crime. He did not want to take personal responsibility in society or behind bars. He was actually shocked that the officers could tell him what to do. I turned it around and said, well as a soldier you had to follow orders and you will here too.
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CPL Rick Stasny
CPL Rick Stasny
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It takes all kinds to work in a correctional facility and I am glad to have a lot of fellow staff with a military background. I agree with your statement about entitlement. There are many legitimate needs and it's a shame that some put all of their wants above their needs.
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1LT Joe Baker
1LT Joe Baker
>1 y
I've wavered back and forth on this idea. On one hand, I don't think it's wrong for us, as a society, to give SOME special consideration for veterans--especially those who have experience combat. At the same time, veteran status does not lessen the severity of the crime, especially when there are direct victims involved.

Creating a system that accommodates all of these factors would be a huge undertaking. Then, the question becomes, will it provide any real benefit to the veteran and society?

I'm still up in the air on this. I'd like to see more discussion, including from previously incarcerated veterans.
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CPL Rick Stasny
CPL Rick Stasny
>1 y
I agree with you Lt Baker, but I don't think a blanket program would benifit most. If it were tailored to the individual with some cognitive restructure it could pay off with tangible positive results. Once again, I believe this should be reserved for the non-violent and should also exclude recidivist as this could be relied upon as a get out of jail free card.
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1LT Joe Baker
1LT Joe Baker
>1 y
I've thought more on this and, based on how other one-size-fits-all programs turned out, I say let each judge decide whether or not any special consideration should be made based on veteran status. Too much discretion has already been taken from judges (mandatory minimum sentences, for example). Let the judges do what they signed up for and impose appropriate and fair sentences. If they choose to take into account a defendant's military service, that is their decision.
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Capt Richard I P.
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Heinlein wrote about how holding trials for Veterans conducted only by Veterans could lead to a large separation in society in Starship Troopers.
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1LT Nick Kidwell
1LT Nick Kidwell
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I actually liked Heinlein's model for government.
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Capt Richard I P.
Capt Richard I P.
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1LT Nick Kidwell I didn't pass any value judgement on it, just mentioned he wrote about it. The way it happened in the book is likely the only way it could happen.
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SPC Leisel Luman
SPC Leisel Luman
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I did not feel judged. It was just my misunderstand
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SPC John Cummings
SPC John Cummings
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Basic understanding of the foundation of guilt has been ignored in our country. Mens Rea and Actus Reas basically evil mind and evil act. No one should ever be found guilty with out intent. That being said no one who's mental abilities hampers their judgment should be held as guilty. We know that Vets have the highest frequency of mental health issues and should be treated with that knowledge. by the way I work in forensic Psychology with the Not Guilty by Reason of Insanity adults knowing them solidifies my support for separate vet courts
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SSG Don Waggoner
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I am a criminal defense attorney and a retired veteran. In th Army, I had many experiences with veterans of Viet Nam who suffered from PTSD, bu, at that time we didn't think of it that way. I remember one sergeant who I went to wake up and he jumped up in a combat stance, like I was VC come to cut his throat. We mostly laughed it off. As a defense attorney, I have met and represented numerous veterans with various ailments caused by the military-everything from alcoholism, drug abuse, combat related PTSD, other mental health issues, and many others. In many cases they are no different than someone who has never served with the same ailment. In other cases, the military is directly responsible for the ailment and the soldier would not act illegally without the impact from the military. In such cases, the military service and its responsibility for the actions of the veteran should be recognised and considered in deciding how to punish or handle the veteran. Some can be saved, some cannot be saved. Some are forever dangers to themselves or others and need to be put in jail or special institutions. Some have committed acts so heinous, the only thing anyone wants is punishment, regardless of the responsibility of the military for the act. Veteran courts are mostly there to help tose with PTSD, and drug or alcohol addictions. They are not there simply to lighten the sentence just because one is a vet. There may be the rare case where I think active service should garner a reduction in sentence simply for that service. But, in general, these veterans have stolen from someone, injured someone, or damged property and there is no excuse and you, or they wouldn't want them to do the same thing to you. But many of these same grounds for leniency or treatment applies to civilians as well. Criminal issues are difficult to manage and determine the appropriate outcome because almost everything is illegal to do nowadays. Merely because they are a vet, probably not, but it is a starting point and something to consider. Good question.
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SSG James N.
SSG James N.
>1 y
We have a Veteran's Court here, along with a mentorship program. It has seen many successes, and from my knowledge of speaking to the retired Major who runs it, not too many failures. If you are part of this type of program, great, do good things. If not, I hope you work to get one in place where you are.
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PFC Aaron Knapp
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We are still responsible for our own actions. While I believe they need special training for LEOs to deal with Vets there are enough programs available both in and out of the Service that we need to create a culture of utilizing the programs available to us. Otherwise we just continue to justify the idea that PTSD is an excuse. If your suffering from PTSD reach out to someone and get help before you do something that you and the military community will regret. Check you head space and timing folks. And I'm not trivializing it... But there is help and support groups out there, let's use them.
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PFC Aaron Knapp
PFC Aaron Knapp
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I appriciate your understanding. After fully reading your comments though I felt it necessary to respond and apologize because if it did come out like I was saying that in direct response to your comments it would have seemed pretty crappy. I saw how you were treated and in your case and I am sure some other special circumstances it would be important to have your service brought up. And I do believe there are exceptions to everyrule. My point is a general view of how in many cases civilians and law enforcement in general has taken some dim views on vets with PTSD being involved in standoff a and suicide by cop incidents that have framed OTSD in a poor light. I understand the small town issue as well. I am currently fighting for custody of my soon to be 4 year old daughter and one social worker saw my PRSD diagnosis and immediay jumped on the "he is a danger" bandwagon. Even though I sought help, got help through the VA , and have had my "mild case of PTSD" treated with meds and some minor therapy. In fact I am 100 percent disabled (going to college through Voc rehab and have a Pschyciatrist who reports I'm fine, lowered my meds, and pointed out its a very small part of my disability (2% max) and it only boiled down to "Hyper awareness or vigilance" this small town social worker is going for the throat.. Without any cause other than the "PTSD" stigma. It's sad but this is an all to often occurrence especially in small towns where it isn't well known... (I am only Vet with a service fog as well.. Lucky me) so I know all to well how it feels to receive the small town shaft. Civilians and civilian courts and laws are all to ready to plug veterans into a category regardless of the "we support our veterans statements to the contrary" so even though you don't NEED an apology I frlt one was warranted if I even in the least bit made a fellow warrior feel like their story was being trivialized. Knowing how it feels to have locals jump on the bandwagon against "US" I never would want a Veteran or Doldier feel one of their own was doing the same. My apology goes out to this whole gorum because I read what I wrote and it probably deserved more than check your headspace and timing comments and while it was meant to be a we have to help each other because no one else will kind of statement it probably deserved more back story. You took that time and I feel I did not. Do all that being said I feel that in one had we shouldn't call any more attention to ourselves than necessary in the civilian courts I also believe in many cases we need to band together as brothers and sisters in arms and support each other because no one else can understand us better than we can. We are a small part of the population but we are per capita becoming a group that has many more run ins with the law and LEOS and slso in the homeless and mental health arenas. We are going to, if not already, be stigmatized. We are losing more and more to suicide every day. And regardless of promises made seeing our benifits and healthcare get worse by the minute. So I feel now I have this topic the attention in needs.. Do we need assistance in this area (court, mental health, homelessness, VA, our benifits, and most of all HEALING after the longest set of wars in our history... Absolutely! But in the end it's going to have to be us as a group and community to help each other and make these changes because no one else understands us, what we have been through or who WE are. You, I snd all of us are more than the uniform, more than the stigmas of mental health issues from too many battles, and more than a flag waving on our doorsteps. So I will end by saying thank you for sharing, never give up, don't lose hope, know you can always come to US without fest of judgement and I will never turn my back on anyone hear or trivialize their issues. What I have chose to do is be more than the title, more than the stigma or diagnosis, I refuse to be branded or trivialized myself and I'm am going back to school, even though I'm drawing pension, so I can go back to work as a Socisl Worker with a goal of never letting my brothers and sisters be stigmatized or pushed aside as long as I'm in the fight. I hope to help other vets with benifits, mental heslth and getting back on their feet and getting well. And in the end not just draw attention to the plight of other Vets but make it so no one is ever forced to feel like you frlt, I felt, or the uncounted number of other Vets have surely frlt. We all deserve better and that is why I apologized.. Not to you but to all of us. Because we all deserve better and even if I didn't mean to i should never have left a comment that even made you think I wasn't taking you seriously. I will do my best to make sure it doesn't happen again. Thank you for your service, for sharing, and for making me see even the smallest comment csn go a long way. I hope this court stuff gets resolved and it never happens to you again but know we all have your back...all of us Brothers and Sisters forever. With that as my phone battery dies I bid you all farewell and if anything I've said helps even one person I can rest easy. Just know I'll be continuing the fight as long as I am able. We all deserve better from a country that sometimes would rather forget why they sleep in peace and get to live and speak like theydo. I hope they never forget even one of us or the sacrifices sny of you have made or the ones who paid the ultimate sacrifice. With that u say I am proud to call all of you young old male or female Army to airgor e family!
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SPC Leisel Luman
SPC Leisel Luman
>1 y
PGC Aaron Knapp Oh no I just saw your reply. I'm still learning how to follow the threads. I am truly horrified & heart broken, that you had to go through this. too. Having your military service used against you for child custody cases. Should be a felony since everything else is. I know you were respond to the thread on how I was convicted fellon by the City Cops working with the city Judge to fill their piggy banks in Georgia. That Georgia thing was a minor inconvenience compared to the child custody cases I went through. I don't know if you saw the thread where I had the VA Rater service connect me for each symptom of PTSD with out the label. I Knew they would use the PTSD stygma against me in child custody court. Reading you post I KNOW what you are going through and how high the cards are stacked against you with the social worker and court. I have my youngest daughter. I know how maddening this can be I knew if I lost another child that not even God himself could have stoped the murderous rampage I would have gone on. The list was long enough that it would have resulted in my being killed by the cops. To lose a child like a piece of property is a wound that no amount of time will heal. (For those of you who read this and think you should report me to be Baker Acted I am not currently harmful to my self or others!!!!). You have a healthy plan to get through this and help others I admire that. Don't let this current custody disgusting dibocle delay or detur you for asking for and getting more help even if it's "under the table". stick to your plan so you can be a counterweight in this imbalance of a messed up system. There will be vets not only flooding the VA System but also a dare to guess a few divorce/custody cases too. They will need you and all the help they can get. Message me anytime if there is anything I can do or you need to vent. I want to see you in the news for all the good things you have planed to do. Stick with YOUR plan!!!!!!!
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PO2 Frances Smart
PO2 Frances Smart
>1 y
PFC Knapp, I lost my children to my abuser because I have PTSD. It was hard, and it took me about three years to regain my footing after that, but I did it, and my children are old enough now to be able to evaluate their father's character for themselves, and see what should have happened, and what actually did happen. It was not an easy situation. It has been nearly 13 years, and it hasn't gotten much easier. You will be in my prayers.
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PFC Aaron Knapp
PFC Aaron Knapp
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Apologize for misspelled words as well typing from my phone did not help me. Out of all misspellings I meant service DOG not fog.
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TSgt Kevin Buccola
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This is a very good question. It depends on the severity of the crime and history of the military member. I’ve seen Court go on both sides – due to your service to our country you are hereby sentenced to probation etc, etc, etc…There have been major penalties for military members who have been charged with public disturbances / domestic violence due to PTSD. They were told that because of your trainings you should have been able to control your temper and were sentenced to harder terms because of that.
You are responsible for your actions – you should be treated fairly in a court of law.
On a personal note I have received special treatment with traffic violations.
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SPC Leisel Luman
SPC Leisel Luman
>1 y
Unfortunately I do not have your luck. I posted my experience here and would like you to consider how much having a Vet Rep by my side could have helped. It's not just about PTSD.
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1stSgt Darrell Lahman
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I don't believe so. Why should a vet be held to any other standards then a nonvet. You were held to a higher standard when you were active and you swore an oath to protect the very document that many of our laws are based on. Do you think you are above the law just because you served? All do respect but the answer is no.
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SFC Charles Mallory
SFC Charles Mallory
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absolutely not !! We are no different than any one else
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SFC Scott Parkhurst
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Having been also a Police Officer (went on leave just for Desert Storm), I totally understand the "Vet." Having dealt with on the streets before I myself went in. I found myself somehow (and wanting to) to give them that extra break. No, I didn't let a murderer walk or anything like that, but there's something about the "why's" they did what they did and I got that....You have to look deep and "feel" with your heart and even consider PTS(D). There was a lot of aspects of why I did what I did on the streets with everyone....But when it came to Vet.'s I just looked deeper that's all. And now that I am one of 20 years it's funny how I so truly really get it now. And I would hope to God I would at least be treated fairly if I messed up.
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SPC Christopher Smith
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If cops get special treatment, I say Vets should get special treatment for their service as well.
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SPC Christopher Smith
SPC Christopher Smith
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SMSgt Robert Healy I see my sarcasm missed it's target, no one should get special treatment. I would like to see more accountability and punishment for law enforcement officers, the primary difference between vets and law enforcement is a union. We can't have one so we have no real protection. The second difference is their ability to create revenue for their local, state, and federal government. We are only a functional debt, we do not create nearly any revenue by design.
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Capt Jeff S.
Capt Jeff S.
>1 y
Last time I read the Declaration of Independence, it said, "All men are created equal." Many of the same guys that helped draft it also helped draft our Constitution -- the same one we are sworn to protect and defend. Did anything change between our nation declararing independence and drafting a Constitution? NO!

We are a nation that governs by rule of law. And all men should be treated equally under the law. At least that's the way it's supposed to work.
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CPT Erik Eriksen
CPT Erik Eriksen
>1 y
Capt Schwager, I agree with you. However, this is not reality. Do you believe that police officers are treated equally (as compared to the average person)? How about children of high ranking politicians? How about the child of a local rich person active in the town?

Justice is supposed to be blind. But, we don't really have a judicial system anymore, neither truth nor justice are of prime relevance. We have a legal system and the best debater wins. If you have more money, you can hire a better debater. Consequently, money, as well as social status, creates an inherent inequity.

This isn't a conspiracy. We are all people, including judges, and we are subject to our own perceptions. In response to the query stated above concerning special treatment of veterans...I believe that public service, especially dangerous service (military, law enforcement, fire fighters), should get an advantage in the perception of the courts in regards to social status. But this isn't something that can be regulated and it will change over time. Consider, for example, how a judge would perceive a soldier during the Viet Nam War and then consider how a judge would perceive a soldier now. It differs. It may not be fair, but it does.
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SGT Henri de la Garrigue
SGT Henri de la Garrigue
>1 y
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Thanks Cap, you're correct (unfortunately) that money buys justice. I was a city cop after I got out of Service. I did show "Professional Courtesy" to other public servants
BUT - considering there are 22 Vets a day commiting DAILY, something should be done. Most of my PTSD with Severe Hyper-Vigilance stems from being a Police Officer & some from when I was in service. The V.A. FLATLY denied me any of my benefits as well as returning Vets coming home as we speak. How do we as a society deal with this? Respectfully submitted,
Sgt. H.E. de la Garrigue
Navy/Army Vet Police Officer Ret.
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SGT Charles Vernier
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No we are not above civilians and yes we are accountable for our own actions. That being said at the low point of my life after my divorce and having my ex take my children from me my vehicle was being repossessed and I attempted to get into the vehicle to retrieve my stuff (including my pistol) at which point the repo man started shoving me. Instead of backing off I reacted as trained and it resulted in me being arrested for misdemeanor battery. Fortunately the judge was willing to dismiss the case when I showed that I had started treatment for PTSD and alcohol.
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