TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Quote of the Day - Military Justice is to Justice as Military Music is to Music.
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Quote of the Day - Military Justice is to Justice as Military Music is to Music. Login/Join 
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....and whoever believes that has no appreciation for either military music or military justice!
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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The biggest problem I have is that it takes at least a half a day and often longer just for a guilty plea on plea bargain in the military justice system since the sentencing still gets litigated.

The convening authority and the accused reach an agreement, then the sentencing still gets litigated. If the military judge gives a lesser sentence, then the accused gets the lesser sentence. As a military prosecutor, it is extremely frustrating. It makes no sense to me at all. However, I practiced in Texas courts as a prosecutor and defense lawyer and in Federal court as defense counsel before for four or five years before I became a JAG.

Also, the accused gets to give unsworn testimony from which he cannot be cross-examined. And there is little autonomy for the prosecutor, All plea bargains are approved by the convening authority (usually a 3 star non lawyer general officer) and not staff judge advocate.
The civilian world thinks the military justice system is tough, but in reality it is weighted heavily towards the defense.

On the defense side, the system is great. There is no means test for appointed counsel and the right to counsel is triggered far earlier in the investigative process. Art 32 hearings (the equivalent of a grand jury hearing) are attended by the accused and counsel with both side having the ability to call witness and cross-examine witnesses. Unanimous verdicts are not required except in capital cases, and the court members are instructed that they must start from the lowest possible sentence first and then work upward. The accused definitely is protected by the law.

It's good that those that serve get great legal protection, but going to a JAG office after having been an ADA and Texas defense counsel took some considerable adjusting. It's hard to pull your hair out from frustration when it's already cut high and tight. Wink
 
Posts: 31 | Registered: July 08, 2004Reply With QuoteReport This Post
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All you say is true, and I've suffered through that as well. Worst thing is to have the jury assess sentence, and they hammer the guy, only to find out that that there was a plea bargain on sentence that nullified all the jury had done.

Where are you now?
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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My favorite military trial was one in which the defense asked if the defendant could give an unsworn statement in the form of a song he had composed.
 
Posts: 71 | Location: Houston, Texas, USA | Registered: January 24, 2003Reply With QuoteReport This Post
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I prosecuted an airman from Texas who videotaped himself as he rolled his blunts and made up a song to go with the video. Of course we had the tape as evidence.

His mom was a TDCJ employee. She essentially told the judge (as a defense witness) that the kid needed punishment, but the real punishment was going to be when she got him home after the military got through with him.

I believed her. No questions, Your Honor.
 
Posts: 31 | Registered: July 08, 2004Reply With QuoteReport This Post
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