Media Idiots: Confusion On The Missing Marine Murder Case
Just caught this on Fox news…
No no no Shep…ladies…
The murderer will be tried twice for murder. As most of you know, or better know, you are subject to civilian laws and the UCMJ. It is not an either/or situation. Even if he gets tried by the civilian courts first and is found Not Guilty, he still has to face a Court Martial and can be found guilty or not guilty there.
Even better, if he is found guilty in a civilian court of murder in a state that does not have the death penalty, guess what?
Muuwahahaaaaaa….scum.
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Yep. Hopefully, he’ll end up in SC’s death row.
January 11th, 2008 at 1:03 pmWouldn’t that be 4 counts as the child she was carrying was killed as well?
January 11th, 2008 at 1:12 pmMark Tanberg,
Good point. Liberals would not agree though.
January 11th, 2008 at 2:15 pmsorry, it is an either or situation ..
If he is tried in a civilian court for the murder(s),
January 11th, 2008 at 2:56 pmhe can not be tried in a military court for the same crime,
but he could be charged with other violations of the UCMJ, ie Unauthorized Absence.
The Uniform Code of Military Justice (UCMJ) is a section of US Federal Law, Military Courts are Federal Courts - they have been created to handle the special situation of military members.
So, the protection against double jeopardy prevents both the Military Courts and state courts from trying him for the same crime.
January 11th, 2008 at 3:00 pm@Marvin…
Hmmm….when did this change? When I was in the Coast Guard in the early 80’s, I am almost positive we were subject to double jeopardy??
January 11th, 2008 at 3:48 pmFNC/Shep just reporting they have found a property with a “cavity” they are suspicious of … I don’t know … Doesn’t look good.
Want to bet that if the [suspect] Marine served a tour(s) in Iraq, especially multiple, that will be played beyond flood stages by the MSM???
January 11th, 2008 at 4:16 pmThat is how it has been with Double Jeopardy since I was in the Army. That was after your Coast Guard service though Bash. I was in from ‘94 to ‘01.
January 11th, 2008 at 4:40 pmI guess I’m just a sexist I don’t think girls belong in the military that why the waves were created. Especially cute 20 year olds in the Marine male dominated institution. SHIT GOES WRONG on the violent tip of the spear state side or abroad. What I’ve read so far sounds as if she was a bit unstable in the first place… not that I’m saying she got what she deserves No she got what is expected for the typical unstable situation that uncontrolled goofs take advantage of because every one involved in this situation gravitate to one another because… they are mentally unstable in the first place.
Question to Marine corps. Why is a 20 year old pregnant girl rape or not still in the Marines and why is the suspect and the victim still in the same state? Especially with and 8 month window from alleged rape.
Funny how the MSM has this case plastered everywhere but the case of the 2 Muslim girls murdered by there father came and went as a family scuffle gone wrong, barely mentioning honor killings and Islam… this is something the MSM can ride to attack America and the military, they can’t do that if they run a first ever or close to first Muslim honor killing in America “That should be Sensational”.
January 11th, 2008 at 7:11 pmAs a member of Military Law Enforcement, technically, yes, a member may be tried under both civilian courts and court martial. But the military usually defers to the state or local jurisdiction if the actual act occured in state or local jurisdiction. Usually commands have a “Memorandum of Understanding with local authorities for this matter. Here is and excerpt from the Manual for Courts Martial…
“Under the Constitution, a person may not be tried for the
same misconduct by both a court-martial and another federal
court. See R.C.M. 907(b)(2)(C). Although it is constitutionally permissible to try a person by court-martial and by a State court for the same act, as a matter of policy a person who is pending trial or has been tried by a State court should not ordinarily be tried by court-martial for the same act.”
Normally the Military will allow the civilian courts to ajudicate the case if it is in civilian jurisdiction because they save money and manpower on it. Really only if the crime was committed on base will they convene a court-martial.
January 11th, 2008 at 8:11 pmThe good, the proud the Marines. This jackass is certainly nothing to be proud of. And, how stupid must he be to bury this girl’s body in his own backyard. Makes me wonder just what sort of people we have serving in our military. Whoever gets to try this man, he needs to be given the death penalty. He has killed two people and I also wonder if his wife had anything to do with this whole situation.
January 12th, 2008 at 10:18 amShe knew about the rape charges and most wives do not miss much.
Also, where were their neighbors when he was busy burying the body. Call me naieve, but I would call the cops if I saw one of my neighbors burying something in their yard.
A death sentence would be to easy for this guy. He deserves to spend the rest of his life breaking rocks and getting pounded in the pooper.
As for Greg’s comment - if every pregnant female Marine was let out of the service for being pregnant there would be like 8 female Marines. From what I’ve read, I would doubt if she was raped but instead was sleeping with the guy and claimed she was raped as opposed to getting punished along with the guy for participating in an affair. If the rape charge was convincing he’d have been reduced to private and would be behind bars where he belonged.
January 14th, 2008 at 4:58 pmin reply to gregs comment, us female marines can’t justexpect to get out of the marine corps… like Jason said, if that were the case, there would only be like 8 of us. there are cases where they do let us separate, however thats case by case senario. and another thing, even if she was able to get out due to her being pregnant, if she wanted to stay in, she has that right too… i am not trying to be rude or try to burst you little bubble, i’m just putting it out there.
January 16th, 2008 at 7:53 pm