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Senate blocks military sexual assault bill - CNN.com
What a travesty. This is a terrible step in the right direction. This bill would of done so many good things and of made the system more just, but this unfortunately did not past. [/FONT][/COLOR]
Perhaps the better approach would get all the politics out of enforcing the UCMJ. The other problem is that just like civilian courts, the JAGs have been pushing for using other means instead of full courts. Since a person can be kicked out of the military under an Article 15, Non Judicial Punishment, and receive an Other Than Honorable Discharge, removing veteran benefits, this has become more and more used, like plea bargaining, to reduce court costs. Quite often, it is the JAG and ADC (Area Defense Council) which has been pushing Commanders for this. So, in a large number of these cases, it is not the Commanders with Courts-Martial Authority that has been doing this on their own, but have been doing at the advice of the JAG.
Also, even when a court is called. The military judges are issuing special instruction and sentencing guidelines that does not offer the panels full punishments authorized under the UCMJ.
For example.
918. ART. 118. MURDER
Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- -
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.
Notice that the actual law and sentencing guidelines in the UCMJ specifies death or life in prison as the only two options in some cases.
920. ART. 120. RAPE AND CARNAL KNOWLEDGE
(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.
(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either of these offenses.
Notice that in the case of rape, Death is an available sentence if special instructions are not given.
Congress is trying to fix a problem with that bill that would be corrected if the system was allowed to function properly without political influences and if the JAGs and Commanders did their jobs properly. Also, they target the Commanders, but leave out the problems with the JAGs.