Posted on May 21, 2022
Here's Why Generals Often Get Light Sentences at Courts-Martial, According to Advocates
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Posted >1 y ago
Responses: 2
I have been out for a while and I know some things have changed. While I was in, one of my commanders who was a Colonel was accused of rape/sexual assault. He was court martialed, reduced to the rank of 2nd Lt, confinement, and dismissal (think that is the correct term). I have seen a 1st LT reduced to 2nd Lt, confinement for 30 days, and then returned to their unit. I do believe that there are two difference systems when it comes to Officer vs Enlisted. It should be the same across the board.
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I understand the process. Don't like it, but I understand why it is and how it works.
That being said, there is *still* the option for an administrative reduction to the last rank they satisfactorily held. IMHO this should be perfunctory for officer convictions at Court Martial. OBVIOUSLY they have not served satisfactorily at the current grade, so we should AUTOMATICALLY be reducing them AT LEAST one rank. And then taking a second look at the record to see if more than one rank needs to be stripped.
I can see an issue of legal rights and due process for the convicted officer, so I would be OK with anything more than current rank triggering a hearing where Officer (after consultation with JAG) is allowed to defend himself. Very similar to Article 15 hearings in process.
I know the perfunctory reduction would take definite changes in culture. And I am pretty sure the hearing and additional reduction would take changes in both culture and law. (I am not an expert on law, what say you Capt Gregory Prickett?) But I think this could go a long way in equalizing things with minimal shift (and honestly not THAT much change in the law, I think) in current practice.
That being said, there is *still* the option for an administrative reduction to the last rank they satisfactorily held. IMHO this should be perfunctory for officer convictions at Court Martial. OBVIOUSLY they have not served satisfactorily at the current grade, so we should AUTOMATICALLY be reducing them AT LEAST one rank. And then taking a second look at the record to see if more than one rank needs to be stripped.
I can see an issue of legal rights and due process for the convicted officer, so I would be OK with anything more than current rank triggering a hearing where Officer (after consultation with JAG) is allowed to defend himself. Very similar to Article 15 hearings in process.
I know the perfunctory reduction would take definite changes in culture. And I am pretty sure the hearing and additional reduction would take changes in both culture and law. (I am not an expert on law, what say you Capt Gregory Prickett?) But I think this could go a long way in equalizing things with minimal shift (and honestly not THAT much change in the law, I think) in current practice.
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SFC Casey O'Mally
Capt Gregory Prickett I agree. I was just looking for a base hit, rather than swinging for the fences. Looking at current military culture, I was thinking about an incremental shift. Even that would be tough.
But yes. If an enlisted would get the big chicken dinner for doing whatever it is the Officer did, the Officer deserves to be dismissed.
But yes. If an enlisted would get the big chicken dinner for doing whatever it is the Officer did, the Officer deserves to be dismissed.
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