Maybe Im not thinking clearly on this one, but Ive got a few questions on this case... This American soldier is now a civilian and is under arrest for raping and killing an Iraqi girl and her family. Shameful, horrible act. He was booted out of the US Military for "personality issues." So, the US gives a 19 year old male with a personality disorder a gun and sends him to a war zone where people want to kill him because of the color of his uniform. He rapes and kills a family, then he gets arrested and now faces a possible death sentence?
I guess my question is: Why is the US prosecuting an American civilian for killing a non-US citizen?? Shouldnt the Iraqi Government be prosecuting the boy?? Furthermore, should not the US Military be held responsible for giving a gun to a child and teaching him how to use it without properly screening him for mental issues prior to deployment?
2006-07-05 07:56:30 · 10 answers · asked by YDoncha_Blowme 6 in Politics & Government ➔ Military
Ok ok...19 years old isnt a child, so to speak. But he cant legally drink in his home country, so to me he is still a child. And regardless of his status as child or not - why is it that I am responsible as a parent to the point that if my child FINDS a gun and kills somoene on accident I can be prosecuted, yet the military can GIVE SOMEONE a weapon, TEACH THEM HOW TO USE IT, then prosecute the person (who, by the military's own admissions is mentally inept) when they commit a crime??? This just seems so unfair for the man/child, who was turned into a killer by the very people who are now punishing him for being what they made him!
2006-07-05 09:41:28 · update #1
This is an attempt to answer some of your questions: First, every government decides what people it can try and what actions are crimes. Obviously, the Iraqi government has authority to try alleged criminals for acts commited in Iraq, just as the US can try a person for criminal acts commited in the US. So, the Iraqi govt could request the extradition of this suspect. In addition, the US government has given itself jurisdiction to try American citizens for crimes committed out of the US. There are a lot of reasons given for this
but basically in this case the Federal US govt has charged this guy for the crimes; he's not in the military(he was honorably discharged), and he's not retired, so he can't be "recalled" to active duty for military jurisdiction, so he's got to be tried by civilian authority-in this case the Fed govt in North Carolina District Court.
The Iraqi govt is currently trying several alleged criminals "in absentia"; this means even though than can't find the criminal, they're going to try him for his crimes anyway. Don't be surprised if they do this in this case. Obviously, since he's not in Iraq, it would be hard to sentence the guy. Of course, he could volunteer to face Iraqi justice; don't hold your breath on that.
Regarding the military's liability, that's a shaky lelegal issue, because govt can decide who can sue them, and since the US military is part of the govt, the govt has things arranged that they can only be sued in certain situations; that said, don't be surprised if the family of the victims finds a lawyer who will try to help them sue the govt for negligence under the grounds you mention.
2006-07-05 09:09:16 · answer #1 · answered by txsco 1 · 3⤊ 0⤋
No, the Iraqi government should not be prosecuting him. He is a member of a soveriegn nation, and he was acting as an agent of that government when he committed the crime. It was a heinous crime, and he will be tried - but by OUR military laws.
And as for the U.S. Military being held responsible, the military is filled with human beings - not robots. As long as human beings are filling those boots, you are going to get good and bad apples - just like in any organization. I can attest that the military goes through great lengths to screen, train, and supervise their troops -some times to the point where it can be a shackle keeping us from getting the job done.
2006-07-05 15:03:44 · answer #2 · answered by Christopher B 6 · 0⤊ 0⤋
I agree that the man should be tried by the new Iraqi government. I would not be surprised if they ask for him to be sent to Iraq for a trial if they are not happy with the outcome of the U.S. trial.
However, at the time he commited the crime, he was 'property of the U.S. government'. He also can be tried by the U.S. military.
The man was not a child. The government does screen people, and just because some slip through, does not mean the military should be responsible for their actions.
2006-07-05 15:18:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He is being prosecuted because he broke our laws against murder. And most importantly - we 'wash our own laundry.'
Another thing you need to realize is that he was booted out when the Army became aware of his disorder. Some people do make it past the screenings that are supposed to keep his type out.
The fact of the matter is that 1 million servicemen have served with honor in Iraq. The fact that he is the only example should tell you that we do a pretty good job of keeping this sort of thing from happening.
2006-07-06 00:05:25 · answer #4 · answered by MikeGolf 7 · 0⤊ 0⤋
wow...good questions. I don't know that WE are given all the true facts....like with everything, things are tilted ever so slightly to get the most reaction.
What I want to know is....if he was "booted out of the military" why was he still there? There are folks coming and going daily.....we don't keep track of our discharged soldiers in war time in a foreign country? Kinda reminds me of the joke that is going around right now....about keeping track of the cows to the point that we can trace what they ate and where it came from, but we don't keep track of someone with apparent mental issues???? The pieces of this puzzle don't fit in my head.
2006-07-05 15:07:13 · answer #5 · answered by adnerb 4 · 0⤊ 0⤋
first of all he wasn't a child
secondly if he committed the act as a member of the armed forces he is subject to the UCMJ
thirdly it is a matter of personal honor for the military to deal with this...trust me if guilty he wont slide.
forth obviously when his personality disorder become evident the military got rid of him. it does do some screening but predicting this kind of thing is impossible.
2006-07-05 15:04:50 · answer #6 · answered by RunningOnMT 5 · 0⤊ 0⤋
The UMCJ, and the code of conduct. He can be call back to the military and punished for all crimes he has done. Rape and murder is just that. The Innocent must be protected.
2006-07-05 15:05:24 · answer #7 · answered by james h 2 · 0⤊ 0⤋
If you are there with the military you are still under military disipline. At least that is how it works for Canadians with our military. Been draged into the MP's enough to figure that out.
2006-07-05 15:06:45 · answer #8 · answered by Constant_Traveler 5 · 0⤊ 0⤋
actually i think i heard on the news that the iraqi justice group thing branch of gov. wanted to prosecute him.
2006-07-05 15:06:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I am afraid I can't answer this one but thank you for a thought provoking and intelligent question.
2006-07-05 15:15:16 · answer #10 · answered by Kitty 3 · 0⤊ 0⤋