How to fight a war, by a lawyer
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Topic: How to fight a war, by a lawyer
Posted By: oldsoldier
Subject: How to fight a war, by a lawyer
Date Posted: 17 February 2005 at 8:19pm
It is just unbelieveable, where US Military personnel now who are under the pressure of a combat enviorment must now also understand that any action of arms taken may be also the scrutiny of a civil rights lawyer who will review his split second life and death decesion for legal merit after the fact.
The US Marine Officer is under investigation for making such a life death decesion in that split second, doing what all soldiers do, to protect himself and his unit from what he believed in that second to be a hostile or threatening act by an enemy. The minute those two bolted from the "captured" group, the use of deadly physical force is authorized by both UCMJ and Geneva Rules of Land Warfare ref 1947/53/62. Yet for the purpose of "political correctness" this soldier who in that split second acted within the scope and rules of war is under investigation for an "illegal killing".
Lets put lawyers out on the line with a rifle, quote the rules to the enemy under fire to ensure they are followed, and judge how they act.
This act alone jepoardizes more American lives, for now our soldiers need to hesitate in that second and weigh death vs criminal charges, by some REM* lawyer, who with all the time in the world can make judgement on that split second life and death decesion.
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Replies:
Posted By: choopie911
Date Posted: 17 February 2005 at 8:23pm
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I see what your saying, but I missed what the guy did who's being questioned. I agree though, sometimes the people making the calls dont have a clue what it's like
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Posted By: DBibeau855
Date Posted: 17 February 2005 at 8:26pm
What happened? A prisoner try to run? Soldier kill him? Sounds justified, but whats the story what happened?
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 8:32pm
Developing, but as I hear it...from what I know, patrol of marines searching for explosives in a ville, find explosives in a house, along with several "military aged" individuals. These individuals were lined up to be searched and two bolted and ran, the Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time.
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Posted By: Bango
Date Posted: 17 February 2005 at 8:33pm
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Here's another incident where a soldier shouldn't have to stop and think if he's breaking any rules during the middle of a war.
http://www.cnn.com/2004/WORLD/meast/11/15/marine.probe/index.html - http://www.cnn.com/2004/WORLD/meast/11/15/marine.probe/index .html
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 9:13pm
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I am unclear on your point here.
Are you saying that no officer/soldier should ever be held responsible for a split-second decision? That no charges should ever be brought against soldiers for decisions made under fire?
I don't think you are, so maybe I am missing your point.
Or are you simply saying that you think THIS INSTANCE is so obviously acceptable that no charges need to be brought?
If so, I am not sure why - presumably, when charges are brought, there is some just cause for concern. Otherwise, this killing would not have resulted in any charges. And the military tribunal will sort it out - that's what they do.
So - what am I missing?
EDIT - and does anybody have a link to this story?
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Posted By: Darur
Date Posted: 17 February 2005 at 9:14pm
oldsoldier wrote:
Developing, but as I hear it...from what I know,
patrol of marines searching for explosives in a ville, find explosives
in a house, along with several "military aged" individuals. These
individuals were lined up to be searched and two bolted and ran, the
Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time. |
Er, Police trainning says that when you fire your gun, you aim for the
head or torso. Police officers are trained to shoot to kill, not
incappacitate (sp?).
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Posted By: jmac3
Date Posted: 17 February 2005 at 9:44pm
Darur wrote:
oldsoldier wrote:
Developing, but as I hear it...from what I know,
patrol of marines searching for explosives in a ville, find explosives
in a house, along with several "military aged" individuals. These
individuals were lined up to be searched and two bolted and ran, the
Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time. |
Er, Police trainning says that when you fire your gun, you aim for the
head or torso. Police officers are trained to shoot to kill, not
incappacitate (sp?).
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I am pretty sure they are not unless their lives are in danger(IE: Being shot at). I could be wrong though.
------------- Que pasa?
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Posted By: Hysteria
Date Posted: 17 February 2005 at 9:45pm
I agree with you OS, but is that acronym realy forum approprate?
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Posted By: Darur
Date Posted: 17 February 2005 at 9:51pm
jmac3 wrote:
Darur wrote:
oldsoldier wrote:
Developing, but as I hear it...from what I know,
patrol of marines searching for explosives in a ville, find explosives
in a house, along with several "military aged" individuals. These
individuals were lined up to be searched and two bolted and ran, the
Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time. |
Er, Police trainning says that when you fire your gun, you aim for the
head or torso. Police officers are trained to shoot to kill, not
incappacitate (sp?).
|
I am pretty sure they are not unless their lives are in danger(IE: Being shot at). I could be wrong though.
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Police officers are instructed to use their firearms as an absoulute
last resort, and when they use them they are instructed to shoot to
kill.
Unfortunetly I cant find any manuals on it, but my friends parents are
both police officers and I spent a weekend at a sumit surrounded by
police officers. Between what they, the SRO (School Resource
Officer, for emergencies on campus) at my school and the DARE/GREAT
Officers have told me they are told "Shoot to kill"
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Posted By: cdacda13
Date Posted: 17 February 2005 at 9:53pm
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wow, our government is being helled to a very high stanard. thats crazy that our troops that are fighting for freedom are now being faced with possible charges of murder. thats messed up/
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Posted By: Johndcjr1989
Date Posted: 17 February 2005 at 10:02pm
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jmac3 wrote:
Darur wrote:
oldsoldier wrote:
Developing, but as I hear it...from what I know, patrol of marines searching for explosives in a ville, find explosives in a house, along with several "military aged" individuals. These individuals were lined up to be searched and two bolted and ran, the Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time. |
Er, Police trainning says that when you fire your gun, you aim for the head or torso. Police officers are trained to shoot to kill, not incappacitate (sp?).
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I am pretty sure they are not unless their lives are in danger(IE: Being shot at). I could be wrong though.
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naw my dads a cop and i just asked him if he was trained to shoot to kill or shoot to incapacitate and he said that they taught him to aim for the centermass just because its a bigger target and not because itll gaurantee a kill. he said that they do recommend to shoot to make sure that the target does not present a further threat to you or any civillians. he said they wouldnt tell them whether that meant shoot to kill or wound really bad but that all of the officers knew what it meant (shoot to kill of cours) but they could get in trouble for sayin that tho.
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Posted By: jmac3
Date Posted: 17 February 2005 at 10:09pm
I have two people going against me and I am most likely wrong, but I
think these two paragraphs may prove what I am saying. If not disregard
anything I say as I am dumb and feel like arguing. I just copied this
out of a manual:
"The Denver Police Department recognizes the value of all human life and is committed to respecting
human rights and the dignity of every individual. The use of a firearm is in all probability the most
serious act in which a law enforcement officer will engage. When deciding whether to use a firearm,
officers shall act within the boundaries of law, ethics, good judgment, this use of force policy, and all
accepted Denver Police Department policies, practices and training. With these values in mind, an
officer shall use only that degree of force necessary and reasonable under the circumstances. An
officer may use deadly force in the circumstances permitted by this policy when all reasonable
alternatives appear impracticable and the officer reasonably believes that the use of deadly force is
necessary. However, the Police Department recognizes that the objective reasonableness of an
officer’s decision to use deadly force must allow for the fact that police officers are often forced to
make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Above
all, the safety of the public and the officer must be the overriding concern whenever the use of force
is considered.
It is important for officers to bear in mind that there are many reasons a suspect may be resisting
arrest or may be unresponsive. The person in question may not be capable of understanding the
gravity of the situation. The person’s reasoning ability may be dramatically affected by a number of
factors, including but not limited to a medical condition, mental impairment, developmental disability,
physical limitation, language, drug interaction, or emotional crisis. Therefore, it is possible that a
person’s mental state may prevent a proper understanding of an officer’s commands or actions. In
such circumstances, the person’s lack of compliance may not be a deliberate attempt to resist the
officer. An officer’s awareness of these possibilities, when time and circumstances reasonably permit,
should then be balanced against the facts of the incident facing the officer when deciding which
tactical options are the most appropriate to bring the situation to a safe resolution."
------------- Que pasa?
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Posted By: Bango
Date Posted: 17 February 2005 at 10:11pm
This thread has been hi-jacked.
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 10:12pm
Clark...To answer your question, having been in combat myself, when you are in a split second, your life or protecting your troopers lives decesion, any hesitation on your part increases the possibility of you or your troopers taking the hit not the bad guy. Any "enemy" action that within the scope of protecting yourself and your troopers from death or physical harm, where you make that decesion based on your training and trained response cannot be "disected" by an individual who was not there, under the stress you were under, and was forced to make a decesion.
Premeditated actions where a prolonged thought process was involved differant story, but if I was searching "military aged" individuals in a combat zone, where there is a "history" of acts against my soldiers and under that suspition two bolt off, that under my combat instinct, training and "hair at the back of your neck up threat" constitute a threat to myself and my troopers and I in that situation would drop them also.
Weigh this action, a soldier is in an intense firefight, incoming rounds and several times enemy soldiers appeared in windows and doorways and each time the soldier drops the enemy before incoming fire hits him, the soldier sees a shadow appear in a window and the figure of an enemy soldier appears for that split second the soldier fires, immediately after he hears a noise behind him, the door swings open a shadow appears, the soldier fires and shoots a small girl.....is this a "chargeable incident"?
We had a saying.....judged by 6, or carried by 6 pretty easy choice.........................Long time ago...far....far...away
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Posted By: Darur
Date Posted: 17 February 2005 at 10:13pm
jmac3 wrote:
I have two people going against me and I am most likely wrong, but I
think these two paragraphs may prove what I am saying. If not disregard
anything I say as I am dumb and feel like arguing. I just copied this
out of a manual:
"The Denver Police Department recognizes the value of all human life and is committed to respecting
human rights and the dignity of every individual. The use of a firearm is in all probability the most
serious act in which a law enforcement officer will engage. When deciding whether to use a firearm,
officers shall act within the boundaries of law, ethics, good judgment, this use of force policy, and all
accepted Denver Police Department policies, practices and training. With these values in mind, an
officer shall use only that degree of force necessary and reasonable under the circumstances. An
officer may use deadly force in the circumstances permitted by this policy when all reasonable
alternatives appear impracticable and the officer reasonably believes that the use of deadly force is
necessary. However, the Police Department recognizes that the objective reasonableness of an
officer’s decision to use deadly force must allow for the fact that police officers are often forced to
make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Above
all, the safety of the public and the officer must be the overriding concern whenever the use of force
is considered.
It is important for officers to bear in mind that there are many reasons a suspect may be resisting
arrest or may be unresponsive. The person in question may not be capable of understanding the
gravity of the situation. The person’s reasoning ability may be dramatically affected by a number of
factors, including but not limited to a medical condition, mental impairment, developmental disability,
physical limitation, language, drug interaction, or emotional crisis. Therefore, it is possible that a
person’s mental state may prevent a proper understanding of an officer’s commands or actions. In
such circumstances, the person’s lack of compliance may not be a deliberate attempt to resist the
officer. An officer’s awareness of these possibilities, when time and circumstances reasonably permit,
should then be balanced against the facts of the incident facing the officer when deciding which
tactical options are the most appropriate to bring the situation to a safe resolution."
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Not really saying if an officer should shoot to incapacitate, just
stateing that an officer should use judgement when usuing his firearm.
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 10:17pm
In Law enforcement, there is a "duty" to err on the winds of caution and restraint, and not fire your weapon unless last resort, your target more than not would rather flee than fight, In a combat situation and in a hostile fire zone where the enemy target and sole intent is to do you harm, there is no time to think, hesitate and weigh consequences in that split second you have before the him or you question is put to the test.
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Posted By: Sammy
Date Posted: 17 February 2005 at 10:23pm
Old Soldier, how was he protecting anybody. They were running... Also you make it seem as if it's the lawyers fault, somebody has to prosecute them and somebody has to defend them. It's their job. The soldier does his, they do theirs.
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Posted By: Darur
Date Posted: 17 February 2005 at 10:26pm
oldsoldier wrote:
In Law enforcement, there is a "duty" to err on the
winds of caution and restraint, and not fire your weapon unless last
resort, your target more than not would rather flee than
fight, In a combat situation and in a hostile fire
zone where the enemy target and sole intent is to do you harm, there is
no time to think, hesitate and weigh consequences in that split second
you have before the him or you question is put to the test. |
I realize all this, I was just pointing out that they are not trained
to incapcitate when they fire. The goal at that point is to kill
and eliminate.
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 10:30pm
Armchair experts, yes they were running, why, so they are out of range when they turn to throw a grenade back at the Marines?, to alert thier comrades again endangering the Marines?, in this case, the act of running from captivity before search and restraint is in itself a hostile act within the scope of the activity and history of the area. Ask any cop on the street if you have 4 perps, up against the wall and two take off running....is it a justified shoot after the required warning to halt
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Posted By: Sammy
Date Posted: 17 February 2005 at 10:34pm
Yes but you are ignoring the fact that 2 of them were already tied down and that the rest of the squad were watching over them. If it was one man, I would understand but i think he should have gone for a leg shot. Or taken chase, but that is my opinion.
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Posted By: Homer J
Date Posted: 17 February 2005 at 10:36pm
Sammy wrote:
Old Soldier, how was he protecting anybody. They were running... Also you make it seem as if it's the lawyers fault, somebody has to prosecute them and somebody has to defend them. It's their job. The soldier does his, they do theirs. |
Did you not read his post? THERE WAS NO CRIME. What he did was justified by both military procedures and international law.
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 10:38pm
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oldsoldier wrote:
Clark...To answer your question, having been in combat myself, when you are in a split second, your life or protecting your troopers lives decesion, any hesitation on your part increases the possibility of you or your troopers taking the hit not the bad guy. Any "enemy" action that within the scope of protecting yourself and your troopers from death or physical harm, where you make that decesion based on your training and trained response cannot be "disected" by an individual who was not there, under the stress you were under, and was forced to make a decesion. |
I don't question that, and I don't necessarily think that the soldier in question did anything wrong. I also agree that a premeditated action is completely different.
You aren't being completely clear - but what I am taking from your post is that you in fact ARE saying that soldiers essentially get an unlimited "get out of jail free card" for decisions made under fire, as it were.
Is that what you are saying - that in a combat situation, no rules apply at all? I still find that hard to believe.
But if not, then what rules DO apply?
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Posted By: Sammy
Date Posted: 17 February 2005 at 10:38pm
Yes yes, I realize that, but that's not the lawyers responsibility. They do not come up with the case. And if there was no crime then the case will be thrown out and he will be found innocent so why does it matter?
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 10:39pm
Sammy, Have you ever been in a life or death situation, or combat, there is no time to say or think "go for the leg" or "chase em down", an act that you in that instant and in the stress you are in at the second, see as hostile occured, you take that split second, make that split second your life his death decesion, your training kicks in, and you do what you are trained to do. BTDT not pretty but reality 101
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Posted By: Sammy
Date Posted: 17 February 2005 at 10:41pm
No I haven't but it wasn't a life or death situation. Two of them were running and had the POTENTIAL of getting help or throwing a grenade but we do not know that. Also, the rest of his squad was covering the other enemies so there were no other immediate threats..
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Posted By: Bango
Date Posted: 17 February 2005 at 10:44pm
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Sammy wrote:
No I haven't but it wasn't a life or death situation. Two of them were running and had the POTENTIAL of getting help or throwing a grenade but we do not know that. Also, the rest of his squad was covering the other enemies so there were no other immediate threats.. |
Umm...
Better safe than sorry?
I would imagine you don't take those kinds of chances with your life and your fellow soldier's lives.
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 10:44pm
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I'm with OS on this - on the facts as presented, I would have shot them both too. You're in enemy territory, not the Green Zone. Can't have baddies running around.
But I still want to know what rules apply. :)
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 10:47pm
There are "Rules of Land Warfare" and US servicemen are held accountable under UCMJ to act within international rules of warfare and rules we the US have established for our fighting men. When there is a premeditated act there can be review and question, but a instantainious act of self or unit preservation, where the soldier acts within the scope of his duty within a hostile enviorement and or situation, his action can not be brought to question of charges, or the soldier held accountable if the action is acceptable for the situation and time frame. It is tragic and regretable, but war is not pretty, and we can not turn it into a lawsuit/lawyer freeforall. That alone will degrade our fighting effectiveness for soldiers will have to weigh each action and that moment of hesitation can mean the wrong people die, and no charges will be brought on to the enemy, we can bet on that..
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Posted By: Homer J
Date Posted: 17 February 2005 at 10:56pm
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Troops having to think of whether conditioned split-second responses to combat situations will come back to bite them has to be a serious detriment to morale.
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Posted By: oldsoldier
Date Posted: 17 February 2005 at 11:01pm
Just a FYI.....per Rules of Land Warfare ref1947, any individual not uniformed or flagged under the colors or uniform of a hostile government which is in a state of war with the first party is in violation of the Geneva Rules of Land Warfare, such non uniformed or flagged personnel will not be covered under the protections afforded uniformed or flagged individuals under Geneva Rules of Land Warfare, and can if caught or in the commission of a hostile act against the 1st party be summarily executed without trial or cause. Military tribunials are a curtosy we the US do because we try to be a tad civilized in the way we do war, we do not have to under Geneva Conventions or Rules of Land Warfare.
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 11:02pm
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oldsoldier wrote:
There are "Rules of Land Warfare" and US servicemen are held accountable under UCMJ |
This was what I was getting at. I am certainly no expert on the UCMJ, but I am confident that there is quite a bit of established law under the UCMJ as to how and when you can shoot escaping prisoners.
Therefore, I conclude that somebody saw something that was sufficiently bad to warrant some charges. Almost by definition we do not have the facts - we weren't there. If it was that obvious of a clean shooting, no charges would ever have been brought. SOMETHING was a little fishy. Whether or not there is actual guilt will be determined at trial, and that is why we have trials. Unless you plan on giving all soldiers that get-out-of-jail-free card, this is how it has to work. This is EXACTLY why the UCMJ exists.
I am also confident that it wasn't a JAG officer's idea to bring charges - they have better things to do. Some senior officer saw or heard something that brought this to the JAG's attention. I understand your frustration at charges being brought at what appears to be a perfectly legit shooting, but being upset at the lawyers is directing your frustration in the wrong direction - they are just tools in the process. (And, if further defense of the JAG corps - I know quite a few JAG officers with significant combat experience. They are also soldiers)
And, if the shooting went down the way you think it did, the officer will presumably be aquitted.
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 11:04pm
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oldsoldier wrote:
Just a FYI.....per Rules of Land Warfare ref1947, any individual not uniformed or flagged under the colors or uniform of a hostile government which is in a state of war with the first party is in violation of the Geneva Rules of Land Warfare, such non uniformed or flagged personnel will not be covered under the protections afforded uniformed or flagged individuals under Geneva Rules of Land Warfare, and can if caught or in the commission of a hostile act against the 1st party be summarily executed without trial or cause. Military tribunials are a curtosy we the US do because we try to be a tad civilized in the way we do war, we do not have to under Geneva Conventions or Rules of Land Warfare. |
This is certainly the Attorney General's interpretation... I understand other people disagree. But that is a different discussion.
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Posted By: Variable
Date Posted: 17 February 2005 at 11:27pm
Sammy wrote:
Yes but you are ignoring the fact that 2 of them were
already tied down and that the rest of the squad were watching over
them. If it was one man, I would understand but i think he should have
gone for a leg shot. Or taken chase, but that is my opinion. |
This is assuming that each soldier has the ability hit two moving
targets in the legs. Shooting isn't as easy as it appears
on Halo 2.
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Posted By: Sammy
Date Posted: 17 February 2005 at 11:31pm
I bet at 10-20 feet away its pretty easy to shoot a leg. Atleast attempt it, but thats my opinion. The decision has been made, so what's done is done.
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Posted By: Clark Kent
Date Posted: 17 February 2005 at 11:37pm
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You kidding? 20 feet, shoot a RUNNING leg, with no time to aim? Maybe if you flip to full auto, but then you'll probably kill the guy anyway.
That's an obscenely difficult shot.
Center mass.
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Posted By: Brainless_Fool
Date Posted: 18 February 2005 at 12:06am
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I would have been like, "Stop running, please!" And shoot them both in the legs. I wouldn't kill them, just take away their ability to run. But that may take more bullets than a head or back/chest shot.
Hmm.
I would...
Yeah, I'd hit their calves/feet or behind the knee while they ran away. Or the ass, where the legs connect to the body.
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Nobody hates the chocolate.
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Posted By: Mack
Date Posted: 18 February 2005 at 12:09am
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Sammy wrote:
Yes but you are ignoring the fact that 2 of them were already tied down and that the rest of the squad were watching over them. If it was one man, I would understand but i think he should have gone for a leg shot. Or taken chase, but that is my opinion. |
The US military doesn't train for leg shots, or hand shots, or shooting the gun out of someones hand like the Lone Ranger. Every time a Marine, or Soldier, Sailor, or Airman goes to the range and picks up an M16/M4/etc. they are trained to shoot for center of mass. The center of the body is the biggest target so it is the easiest to hit. Additionally, a center of mass hit has the best chance of hitting something vital and causing the target to cease whatever hostile acts he/she was engaged in. The entire point of such training is so that the action of aiming and firing becomes an automatic response that requires no thought. This speeds up the reaction time and can give the military member the split second advantage they need to survive.
Why would you shoot someone who is fleeing and failed to heed a challenge? In this case, in a house where explosives had already been found it is a good bet that there are other weapons hidden somewhere, possibly more explosives primed and ready to detonate. I would not take that chance with my life or the lives of personnel who depended upon me.
Try this for an example you might understand: You're playing speedball, as the team captain it is your job to keep your team members in the game and win the game. Your team has to play by the standard rules and the other team doesn't. They are allowed to have spare markers hidden about the field in bunkers, under tarps, etc. They get to have extra unarmed players on the field that you can't shoot unless they become a threat. You can take prisioners, but they don't have to follow your instructions unless they want to. They can quit if they want, but you can't. If a member of the other team runs away, or drops their marker and runs away what do you do? If you shoot them, you could get second-guessed by a board of referees who didn't even see what happened that it wasn't justified because they were headed toward the sidelines to go off the field. Or if you let them go, they could pull a squadbuster from the tall grass and throw it back at your team. Oh, and if you shoot, and everyone agrees it was the right thing to do, make sure you only hit an arm or a leg, don't hit them in the torso or goggles.
Sammy wrote:
Yes yes, I realize that, but that's not the lawyers responsibility. They do not come up with the case. And if there was no crime then the case will be thrown out and he will be found innocent so why does it matter? |
It matters, because it will give Soldiers/Marines the impression they will be second-guessed, and if they are found wanting their actions could land them behind bars or end their career. With that in mind, someone is going to hesitate when they shouldn't and military members will die when it could have been prevented.
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Posted By: Brainless_Fool
Date Posted: 18 February 2005 at 12:14am
Well. That should shut us up about non-lethal shooting.
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Everyone loves the chocolate.
Nobody hates the chocolate.
'Cos everyone loves the chocolate.
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Posted By: Brainless_Fool
Date Posted: 18 February 2005 at 12:16am
When I play games like "Time Crisis 2 & 3" I always hit their bodies. It is the fastest thing to do. But when there's an unlikely chance they will actually hit me, I'd aim for their crotches or their heads or their arms and legs. But war isn't a game. It has more adrenaline and clouded thinking and fast action and more stress.
------------- Who loves the chocolate?
Everyone loves the chocolate.
Nobody hates the chocolate.
'Cos everyone loves the chocolate.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 12:23am
Mack wrote:
It matters, because it will give Soldiers/Marines the impression they will be second-guessed, and if they are found wanting their actions could land them behind bars or end their career. |
But soldiers ARE second-guessed. Constantly. And if they are found wanting their actions WILL land them behind bars or end their careers.
That's the reality.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 12:25am
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Brainless_Fool wrote:
When I play games like "Time Crisis 2 & 3" I always hit their bodies. It is the fastest thing to do. But when there's an unlikely chance they will actually hit me, I'd aim for their crotches or their heads or their arms and legs. But war isn't a game. It has more adrenaline and clouded thinking and fast action and more stress. |
More importantly, a firearm doesn't come with a convenient and completely accurate crosshair target that you can put where you want with a flick of your wrist.
Go to your local pistol range and try to hit a STATIONARY leg-size target at 20 feet. Not easy to do, unless you take time to aim carefully. Of course, these people weren't stationary...
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Posted By: Brainless_Fool
Date Posted: 18 February 2005 at 12:35am
Clark Kent wrote:
Brainless_Fool wrote:
When I play games like "Time Crisis 2 & 3" I always hit their bodies. It is the fastest thing to do. But when there's an unlikely chance they will actually hit me, I'd aim for their crotches or their heads or their arms and legs. But war isn't a game. It has more adrenaline and clouded thinking and fast action and more stress. |
More importantly, a firearm doesn't come with a convenient and completely accurate crosshair target that you can put where you want with a flick of your wrist.
Go to your local pistol range and try to hit a STATIONARY leg-size target at 20 feet. Not easy to do, unless you take time to aim carefully. Of course, these people weren't stationary...
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Why don't they have lasers? Lasers make the whole aiming thing easier.
Just spray bullets at their lower bodies. That's what I'd do. But I guess I'd be embarrassed to hell if I actually missed them and they'd get away, since they would be like 20 feet away and I would be aiming for non-vital parts of the body.
------------- Who loves the chocolate?
Everyone loves the chocolate.
Nobody hates the chocolate.
'Cos everyone loves the chocolate.
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Posted By: Sammy
Date Posted: 18 February 2005 at 12:39am
Clark Kent wrote:
Brainless_Fool wrote:
When I play games like "Time Crisis 2 & 3" I always hit their bodies. It is the fastest thing to do. But when there's an unlikely chance they will actually hit me, I'd aim for their crotches or their heads or their arms and legs. But war isn't a game. It has more adrenaline and clouded thinking and fast action and more stress. |
More importantly, a firearm doesn't come with a convenient and completely accurate crosshair target that you can put where you want with a flick of your wrist.
Go to your local pistol range and try to hit a STATIONARY leg-size target at 20 feet. Not easy to do, unless you take time to aim carefully. Of course, these people weren't stationary... |
Well you also don't have a handy M4 with you at the shooting range either..
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 12:43am
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Nope - but same rule applies. A leg is a small/narrow target. Hitting a target that small with ANY weapon at twenty feet is easy if (a) the target is stationary, and (b) you have 4-5 seconds to aim.
Neither were the case here.
There is a reason they use shotguns for skeet.
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Posted By: Kayback
Date Posted: 18 February 2005 at 4:39am
OldSoldier, I feel for this guy. I really do.
As a police officer myself, we have to go through the levels of force, ranging from a stern voice, through pepper spray and physical contact to firearms as a last resort.
Of course having shots fired at you allows you to skip up to the appropriate level of force required. IE I can shoot your ass.
Sounds to me like this guys did what was required. He used the ascending level of force available. Shouting for compliance, which failed. Step it up a notch. Shoot.
In the police we use "shoot to stop". Stopping meaning they cease their illegal activity which was going threatening life and limb of another person (yourself included).
Center mass all the time. Basically shoot, assess, shoot, asses, if still a threat, shoot for the head.
Stopping means they no longer pose a threat. Either they stop doing what they are doing and run away, they drop their weapon and stand still, or they fall on the ground. If they fall on the ground they are either dead or not. Take steps to keep them alive until the para medics arrive. Whatever, they have stopped.
Interesting enough, there are cases where you can use lethal force to prevent the person resisting arrest. This is for so called Schedule 1 offences here in South Africa. Things like murder, rape, armed robbery, arson, treason, sedition, terrorism and some less dangerous things (IMHO) like bestiality and forgery. However one of them is also "ESCAPING FROM LEGAL CUSTODY WHILE UNDER ARREST FOR A SCHEDULE 1 OFFENCE".
Which is where these guys would fall under.
So I've got no qualms about it.
Especially when you add in what you said about clearing the nearest corner and comming back with an RPG-7.
KBK
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Posted By: Shadowminion
Date Posted: 18 February 2005 at 5:28am
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OS for what its worth , I am backing you 100 percent on your views in this post .
Trained individuals ,under combat stress , have to make the best decision they can , and hopefully live with the consequences afterwards .
The analogy about the six year old girl is a tragic example , and Has happened . I've been thru the P.O.S.T Shoot/Dont shoot training simulation , and unfortunately shot a deaf/mute trying to seek help from Law enforcement . Even tho it was a training scenario , I will remember that error for as long as I live . PS , the rest of the bad guys didnt make it either , and I support what those troopers did .
------------- SL68-II , micro honed and polished .688" bore . Tuff Enuf .
Widowmaker , under construction
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Posted By: oldsoldier
Date Posted: 18 February 2005 at 8:20am
Clark...Let me explain this in simple terms....shooting in a combat situation...
Today's soldiers/marines are trained and evaluated at ranges where the targets pop up stationary and at a known range, and generally not moving, also the physcological stress factor is not included in the training enviorment.
The moment you shoot at a pop up, shoot back target, that moves, and your mind sees it as another human being, accuracy is questionable. And shooting at a target moving in any condition, select aiming points are not a primary concern. The stress, and level of training in these situations are primary, and no matter how many times you place that sight on another human being, it is never easy and never gets easier....BTDT
And as for the legal aspect of combat, if you have never expierienced combat, how can any lawyer make the pure "judgement" of the situation. This lawyer has minutes, hours, days to analize the exact circumstances of a shooting, the soldier/marine has a split second. It is accepted under UCMJ that colateral damage, personal non combatant incidents will and can occur in any combat enviorment, and it has been tradition for a review, and unless the action is premeditated, or policy/training not complied with no charges will be brought foward. Today this conflict is under the media microscope and there will be sacrificial lambs demanded for political correctness by the public at large, who have no idea what that soldier/marine expierienced in that split second. And unfortuanately there are command types who in thier "protect thier personal career mode" will place one of thier subordinates in the cross hairs to protect his career, I have seen it in Vietnam, seen it in Grenada, seen it in Honduras, and today I do not believe the animal has changed.
Also the non flagged/uniformed description in the Geneve Rulers for Land Warfare 1947 is the international definition, not our attorney generals personal definition. In order to be covered under the Geneva Rules of Land Warfare combatants in any conflict must be readily identifiable as hostile parties by, flag, uniform of a hostile party of the conflict. As an example, the reason we require that in order to conform, any US serviceman who uses a enemy uniform to decieve an enemy, must wear his US uniform under the disguise, and immediately upon discovery must remove part or all of the enemy uniform in order to be recognized as a US uniformed combatant, or he is not protected under the Rules. Any insurgeant who does not readily identify himself by uniform or flag is not covered. Historically most revolutionary leaders ensured his troops wore a distinctive item to conform to the rules, to the Cubans wearing the red scarf in 1959, to VC in combat wearing a distinct black PJ or red scarf, to Khemier Rouge wearing red scarfs, etc. Todays Iraqi/Islamic insurgent does not comply with the letter of the Rule, nor does he or his leaders recognize the rule for his or our combatants protection, and that fact is documented.
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Posted By: B_Wet A-5
Date Posted: 18 February 2005 at 8:35am
Bango wrote:
Here's another incident where a soldier shouldn't have to stop and think if he's breaking any rules during the middle of a war.
http://www.cnn.com/2004/WORLD/meast/11/15/marine.probe/index.html - http://www.cnn.com/2004/WORLD/meast/11/15/marine.probe/index .html | i believe this was justifiable only because the fact that this dude was laying down pretending to be dead, he could have sprung up at any second with a gun a possibly killed the marine. its called playing possem adn it has been done before.
------------- I need smallers sigs.
AVIATOR GANG
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Posted By: oldsoldier
Date Posted: 18 February 2005 at 8:58am
Again, in the situation of the marine shooting the prone terrorist, the history of "sleepers" turning and having a weapon or explosive made that action a prudent action in order to protect his and his units lives. Unfortuanately in war, the actions of others does and will have a direct effect on how your enemy will conduct war against you. So if our enemy knows that his "sleeper" techniques will result in direct lethal action by US servicemen, the terrorist will think twice before attempting such action, knowing we will not put ourselves in the position for him to complete his mission, and his death or serious injury will be the only result.
Under UCMJ any enemy action which uses a ruse to inflict harm on any US combatant can be handled with deadly physical force if the ruse conforms to a proven defined action an enemy uses to inflict harm on US forces. So the history of "sleepers" as a ruse immediately in this situation authorizes the use of deadly physical force.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 9:11am
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oldsoldier wrote:
The moment you shoot at a pop up, shoot back target, that moves, and your mind sees it as another human being, accuracy is questionable. And shooting at a target moving in any condition, select aiming points are not a primary concern. The stress, and level of training in these situations are primary, and no matter how many times you place that sight on another human being, it is never easy and never gets easier....BTDT |
As I have said on multiple occasions in this thread, I do not disagree with that.
And as for the legal aspect of combat, if you have never expierienced combat, how can any lawyer make the pure "judgement" of the situation. |
You are back to implying that the soldiers get a free pass, OS. Is that really what you want? I just don't think so.
There have to be rules. Those rules will be enforced after the fact - that's the nature of the rules. Whoever enforces those rules will become lawyers, if they weren't lawyers already. Also by definition, the rules are enforced by people who weren't there.
I'm still missing the beef. If your complaint that JAG officers don't have sufficient combat experience - that only people with combat experience should judge combat decisions? Not an unreasonable position, I might think (although again, more JAG officers have combat experience than you might think). I would point out, though, that the UCMJ (TMK) provides for a jury of peers in this type of case. Would you feel better about this case if the judge and jury all were combat vets?
Is your complaint that the UCMJ might prohibit this type of shooting? If so, take that up with your elected representative. Laws can be changed.
Honestly, I fail to identify the crux of your concern. Are you upset with the rule, the system, the people...?
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Posted By: MT. Vigilante
Date Posted: 18 February 2005 at 9:55am
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oldsoldier wrote:
It is just unbelieveable, where US Military personnel now who are under the pressure of a combat enviorment must now also understand that any action of arms taken may be also the scrutiny of a civil rights lawyer who will review his split second life and death decesion for legal merit after the fact.
The US Marine Officer is under investigation for making such a life death decesion in that split second, doing what all soldiers do, to protect himself and his unit from what he believed in that second to be a hostile or threatening act by an enemy. The minute those two bolted from the "captured" group, the use of deadly physical force is authorized by both UCMJ and Geneva Rules of Land Warfare ref 1947/53/62. Yet for the purpose of "political correctness" this soldier who in that split second acted within the scope and rules of war is under investigation for an "illegal killing".
Lets put lawyers out on the line with a rifle, quote the rules to the enemy under fire to ensure they are followed, and judge how they act.
This act alone jepoardizes more American lives, for now our soldiers need to hesitate in that second and weigh death vs criminal charges, by some REM* lawyer, who with all the time in the world can make judgement on that split second life and death decesion.
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I completely agree with you, However, I only have one thing to add, Marines are not called nor are they soldiers, they are Marines and Marines only!
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Join the XP Re-Revolution!
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Posted By: MT. Vigilante
Date Posted: 18 February 2005 at 10:06am
Clark Kent wrote:
And as for the legal aspect of combat, if you have never expierienced combat, how can any lawyer make the pure "judgement" of the situation. |
You are back to implying that the soldiers get a free pass, OS. Is that really what you want? I just don't think so.
There have to be rules. Those rules will be enforced after the fact - that's the nature of the rules.
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There are rules, its called the Geneva Convention, and as Oldsolgeir wrote, this Marine’s actions were not against the Geneva Convention.
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Join the XP Re-Revolution!
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Posted By: DBibeau855
Date Posted: 18 February 2005 at 10:17am
Brainless_Fool wrote:
Clark Kent wrote:
Brainless_Fool wrote:
When I play games like "Time Crisis 2 & 3" I always hit their bodies. It is the fastest thing to do. But when there's an unlikely chance they will actually hit me, I'd aim for their crotches or their heads or their arms and legs. But war isn't a game. It has more adrenaline and clouded thinking and fast action and more stress. |
More importantly, a firearm doesn't come with a convenient and completely accurate crosshair target that you can put where you want with a flick of your wrist.
Go to your local pistol range and try to hit a STATIONARY leg-size target at 20 feet. Not easy to do, unless you take time to aim carefully. Of course, these people weren't stationary...
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Why don't they have lasers? Lasers make the whole aiming thing easier.
Just spray bullets at their lower bodies. That's what I'd do. But I guess I'd be embarrassed to hell if I actually missed them and they'd get away, since they would be like 20 feet away and I would be aiming for non-vital parts of the body. |
Why dont you hahve laser sight when you play paintball. Its not practical, laser sights are used for close combat confrontations. A laser sight in broad daylight in the middle of a desert wouldnt do much good. If you serve as a soldier wanting to incopasitate your targets, your going to get someone killed. If someone is posing a threat, just waste him, search his body for information or do whatever it is soldiers do. Dont think about how your mom is going think of your acts. You are living seconds at a time during a moment like that, the only choice is to waste him. He is an enemy combatant, to him, you represent the great satan, dont think for a minute he would kill your and your family as soon as look at you or give you the time of day.
------------- http://www.last.fm/user/DBibeau855/?chartstyle=myspacecolors">
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 10:43am
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MT. Vigilante wrote:
There are rules, its called the Geneva Convention, and as Oldsolgeir wrote, this Marine’s actions were not against the Geneva Convention. |
Read the rest... the UCMJ also applies, and it is only OS's opinion (and that of the Attorney General of the US) that the Geneva Conventions either do not apply, generally or specifically. That interpretation is quite controversial. Again, this is why we have courts.
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Posted By: Dune
Date Posted: 18 February 2005 at 11:08am
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If that's what you truly believe OS then that's fine; however, I would not be suprised to see you complain if a news story came out about an Iraqi insurgent that killed a marine in the same manner.
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Posted By: Stormcharger
Date Posted: 18 February 2005 at 12:27pm
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Darur wrote:
oldsoldier wrote:
Developing, but as I hear it...from what I know, patrol of marines searching for explosives in a ville, find explosives in a house, along with several "military aged" individuals. These individuals were lined up to be searched and two bolted and ran, the Marine LT then yelled halt twice, knelt and fired dropping both.
Military types are trained "center mass" shooting, none of this law enforcement incapacitation shooting, in the military when you fire your weapon at an enemy there is just one intent at that time. |
Er, Police trainning says that when you fire your gun, you aim for the head or torso. Police officers are trained to shoot to kill, not incappacitate (sp?).
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It's not the point of aim thats different, it the intent. The primary difference between the police and the military is the use of force. A police officer is trained to resolve a conflict without the use of deadly force. A soldier is trained to kill the enemy. A soldier is not a cop. Now this is not to say that the military is incapable, but to ask soldiers to do somthing that requires an entirly different mindset and years of training is compleatly unreasonable. This is the type of thing that happened in Somalia in 1993. The military in Iraq is going above and beyond in their mission. Unless anyone can do it better, let them do their job making the world safe for you to complain.
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Posted By: goodsmitty
Date Posted: 18 February 2005 at 12:56pm
What do they have to fear? The Abu Graib treatment? Why in the world should we expect them to run? We're the good 'ol U.S.A.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: MT. Vigilante
Date Posted: 18 February 2005 at 1:41pm
Clark Kent wrote:
MT. Vigilante wrote:
There are rules, its called the Geneva Convention, and as Oldsolgeir wrote, this Marine’s actions were not against the Geneva Convention. |
Read the rest... the UCMJ also applies, and it is only OS's opinion (and that of the Attorney General of the US) that the Geneva Conventions either do not apply, generally or specifically. That interpretation is quite controversial. Again, this is why we have courts.
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And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder!
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 2:09pm
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MT. Vigilante wrote:
And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder! |
That is a complete copout.
Allow me to restate your point: "Occasionally I disagree with a court decision, usually without knowing all the facts. When I disagree about a ruling, I am right and the court is wrong, and all courts are therefore evil."
In reality, you would almost certainly agree with 99% of judicial decisions in this country. Every so often one comes up that appears hokey, like McDonald's coffee lady, and people start complaining about how the courts are evil, when in fact (a) there are always facts not known to the general public, (b) the occasional mistake doesn't mean that "the courts no longer represent justice", and (c) that's why we have appeals courts anyway.
Who are all these murderers who are getting "just a few years?" According to the DOJ, in 2002 murderers convicted in State courts got an average sentence of 18 years. I suspect you will find that number is significantly higher than similar numbers for other developed countries. And, of course, it doesn't even count the death penalty convictions.
And as to this soldier: (a) he hasn't been convicted, and (b) you don't know enough facts to declare him innocent.
The whole "the courts suck" argument is simply not justified.
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Posted By: oldsoldier
Date Posted: 18 February 2005 at 4:54pm
Unfortuanately we do not live in a perfect world. Courts Martial is not a jury of your peers, it is comprised of a board of officers and one NCO, all, some or none having combat expierience. JAG Officers for the most part are civilain lawyers given basic military training, basic military law training, then promoted to 1st Lietenant, to begin his/her career, and again for the most part never see a shot fired in anger in their career.
It has been noted and documented recently that Courts Martial are acting more towards the political correctness and public relations instead of practical justice for individuals who make those split second decesions. I am researching cases, and know personally of one Sp4 who was in my unit, who made a mistake in Germany, and is doing 20 years in Ft Leavenworth, for a crime that if done by a civilian on our streets may have gotten 5 years. An example had to be made to the Germans under the Status of Forces Act, and this poor 19 year old was the political sacrificial lamb.
Case in point was Lt Calley, who being in charge of a unit in Vietnam, which had casualities inflicted numerous times by VC guerillas, who vanished into the surrounding villes and jungles, lost control of his unit, and the unit exacted "revenge" on the civilian population of a ville. Lt Calley was NOT actually involved, or fired his weapon at the civilians, or within range to do so, but served more time, and lost more than any of the actual shooters, who in turn testified against Lt Calley. Where later DIA investigations refutted several testimonies as false, and the military in that initial rush to judgement based on political nessesity convicted Lt Calley of derilection of duty and premeditated murder (later reversed). The action happened, justified not, but the Courts Martial did not dispense justice, it was by higher command authority required to come down with a predetermined verdict, and to place blame in a high profile political court decesion. This case was reviewed by the Department of the Army Adjutant Generals Office, and the US Supreme Court, who found that due process was superceeded and documents surfaced where a predetermined verdict was ordered to appease the political needs of the administration. Just a heads up, Mi Lia was not an isolated incident, and the "search and destroy" orders issued by higher command were almost a carte blanche for the soldier in then field, unfortuanately.
We soldiers in the field never trust or will ever trust any lawyer, or media type who comes to our place of work, just as there is a Blue Wall in the police community, by nessesity and for our and our soldiers protection from over zealous officers and lawyers, now media, we also now have a Green Wall, been around since 1968, we learned our lesson in Vietnam.
Believe me, having been in combat, I can attest that several "grey" incidents have happened to myself and those in my unit, we judge our own we a true jury of peers, determine if the action needs to go higher for whatever reason we determine. May not be what you or the American public cares to hear today, but it is our 4th point of contact that is on the line that split second, not some lawyer, new media type, or rear echelon puke, who cares to make a name for themselves.
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Posted By: MT. Vigilante
Date Posted: 18 February 2005 at 5:12pm
Clark Kent wrote:
MT. Vigilante wrote:
And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder! |
That is a complete copout.
Allow me to restate your point: "Occasionally I disagree with a court decision, usually without knowing all the facts. When I disagree about a ruling, I am right and the court is wrong, and all courts are therefore evil."
In reality, you would almost certainly agree with 99% of judicial decisions in this country. Every so often one comes up that appears hokey, like McDonald's coffee lady, and people start complaining about how the courts are evil, when in fact (a) there are always facts not known to the general public, (b) the occasional mistake doesn't mean that "the courts no longer represent justice", and (c) that's why we have appeals courts anyway.
Who are all these murderers who are getting "just a few years?" According to the DOJ, in 2002 murderers convicted in State courts got an average sentence of 18 years. I suspect you will find that number is significantly higher than similar numbers for other developed countries. And, of course, it doesn't even count the death penalty convictions.
And as to this soldier: (a) he hasn't been convicted, and (b) you don't know enough facts to declare him innocent.
The whole "the courts suck" argument is simply not justified.
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Ok, first of all you need to calm down, this is just my opinion on the matter and there is no reason to get angry. And, I keep my knowledge of judicial decisions in this country as up to date as possible. (a) As for the public not hearing all the facts, once charges have been brought against someone it is Illeagal to withhold any evidence brought against the accused person. (b) I believe that mistakes in the court system ( but not the law inforcment) are becoming more frequent. The perfect example of this is the fact that the average sentence for a pre-meditated murderer is 18 years, that’s not enogh, those kind of people should get the death penalty! Or at the least, life in prison, Which brings me to the biggest problem w/ our court system, these people w/ life sentences are getting out based on good behavior, that’s rediculos! They should never be allowed to go up for parroll!
Last of all, don’t start judging how many facts people know about something, I know a lot more than you think.
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Posted By: SeaWolf
Date Posted: 18 February 2005 at 5:24pm
better to shoot them first before they kill your guys later on and you have to think to yourself "man, if i had dropped them before, my fellow soldiers would still be alive".
Just remember, our soldiers are in an environment where people are trying to KILL them...
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Posted By: DBibeau855
Date Posted: 18 February 2005 at 5:35pm
MT. Vigilante wrote:
Clark Kent wrote:
MT. Vigilante wrote:
<FONT face="Times New Roman" size=3>And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder! |
That is a complete copout.
Allow me to restate your point: "Occasionally I disagree with a court decision, usually without knowing all the facts. When I disagree about a ruling, I am right and the court is wrong, and all courts are therefore evil."
In reality, you would almost certainly agree with 99% of judicial decisions in this country. Every so often one comes up that appears hokey, like McDonald's coffee lady, and people start complaining about how the courts are evil, when in fact (a) there are always facts not known to the general public, (b) the occasional mistake doesn't mean that "the courts no longer represent justice", and (c) that's why we have appeals courts anyway.
Who are all these murderers who are getting "just a few years?" According to the DOJ, in 2002 murderers convicted in State courts got an average sentence of 18 years. I suspect you will find that number is significantly higher than similar numbers for other developed countries. And, of course, it doesn't even count the death penalty convictions.
And as to this soldier: (a) he hasn't been convicted, and (b) you don't know enough facts to declare him innocent.
The whole "the courts suck" argument is simply not justified.
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<P =Msonormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Ok, first of all you need to calm down, this is just my opinion on the matter and there is no reason to get angry. And, I keep my knowledge of judicial decisions in this country as up to date as possible. (a) As for the public not hearing all the facts, once charges have been brought against someone it is Illeagal to withhold any evidence brought against the accused person. (b) I believe that mistakes in the court system ( but not the law inforcment) are becoming more frequent. The perfect example of this is the fact that the average sentence for a pre-meditated murderer is 18 years, that’s not enogh, those kind of people should get the death penalty! Or at the least, life in prison, Which brings me to the biggest problem w/ our court system, these people w/ life sentences are getting out based on good behavior, that’s rediculos! They should never be allowed to go up for parroll!
<P =Msonormal style="MARGIN: 0in 0in 0pt"><?:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p><FONT face="Times New Roman" size=3> </o:p>
<P =Msonormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman">Last of all, don’t start judging how many facts people know about something, I know a lot more than you think. <SPAN style="mso-spacerun: yes"> </SPAN>
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Yes and no, its closer that the offence must turn over any evidence they have against the defendent to the defendents lawyers. Has to do with having a fair trial. Building an adequate defence and all that.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 5:36pm
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MT. Vigilante wrote:
Ok, first of all you need to calm down, this is just my opinion on the matter and there is no reason to get angry. |
Oh, I'm not angry... believe me.
:)
And, I keep my knowledge of judicial decisions in this country as up to date as possible. |
I am very curious what exactly you mean by that...?
... once charges have been brought against someone it is Illeagal to withhold any evidence brought against the accused person. |
I'm not talking about witholding. I am simply talking about what is in the paper. People in this thread, for instance, appear to be judging this case entirely upon the facts as presented by OS. I certainly haven't even read a story on the matter yet - and even if I had, that story would have nowhere near all the facts. Unless you are watching the whole trial, OJ style, you don't have anywhere near all the facts, and even then you are probably missing quite a bit. Most people, including us, simply do not have enough facts on this case to make a meaningful judgment.
I believe that mistakes in the court system ... are becoming more frequent. The perfect example of this is the fact that the average sentence for a pre-meditated murderer is 18 years, that’s not enogh, those kind of people should get the death penalty! |
That is not a mistake in the court system. That is the state of the law. If you don't like the sentencing guidelines, take it up with your elected representatives.
Or at the least, life in prison, Which brings me to the biggest problem w/ our court system, these people w/ life sentences are getting out based on good behavior, that’s rediculos! They should never be allowed to go up for parroll! |
Also a policy question, which has very little to do with the courts. Call your Senator.
Last of all, don’t start judging how many facts people know about something, I know a lot more than you think. |
*snide comment witheld* :)
Not judging - stating. I will state, as a matter of fact, that NOBODY in this thread, including you, me, and OS, have enough facts to make a fully informed judgement about this particular incident. That same statement is true for the overwhelming majority of court cases in the country. That's why they have trials - to get ALL the facts, instead of going off half-cocked.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 5:43pm
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oldsoldier wrote:
Unfortuanately we do not live in a perfect world. Courts Martial is not a jury of your peers, it is comprised of a board of officers and one NCO, all, some or none having combat expierience. JAG Officers for the most part are civilain lawyers given basic military training, basic military law training, then promoted to 1st Lietenant, to begin his/her career, and again for the most part never see a shot fired in anger in their career. |
... we judge our own we a true jury of peers, determine if the action needs to go higher for whatever reason we determine. May not be what you or the American public cares to hear today, but it is our 4th point of contact that is on the line that split second, not some lawyer, new media type, or rear echelon puke, who cares to make a name for themselves. |
Thank you for your honesty. I think I can sense the essence of your concern.
If I can summarize:
1. There are rules.
2. We know/understand the rules.
3. They don't know/understand the rules.
4. They are therefore not qualified to judge us.
5. Many/most Courts Martial are made up of them, not us.
6. Only we can judge us.
7. Therefore, Courts Martial (at least in their current form) can't judge us.
Is that a fair summary? I think you are suggesting a major change is needed in the way military infractions are handled.
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Posted By: Dune
Date Posted: 18 February 2005 at 6:24pm
MT. Vigilante wrote:
Clark Kent wrote:
MT. Vigilante wrote:
And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder! |
That is a complete copout.
Allow me to restate your point: "Occasionally I disagree with a court decision, usually without knowing all the facts. When I disagree about a ruling, I am right and the court is wrong, and all courts are therefore evil."
In reality, you would almost certainly agree with 99% of judicial decisions in this country. Every so often one comes up that appears hokey, like McDonald's coffee lady, and people start complaining about how the courts are evil, when in fact (a) there are always facts not known to the general public, (b) the occasional mistake doesn't mean that "the courts no longer represent justice", and (c) that's why we have appeals courts anyway.
Who are all these murderers who are getting "just a few years?" According to the DOJ, in 2002 murderers convicted in State courts got an average sentence of 18 years. I suspect you will find that number is significantly higher than similar numbers for other developed countries. And, of course, it doesn't even count the death penalty convictions.
And as to this soldier: (a) he hasn't been convicted, and (b) you don't know enough facts to declare him innocent.
The whole "the courts suck" argument is simply not justified.
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Ok, first of all you need to calm down, this is just my opinion on the matter and there is no reason to get angry. And, I keep my knowledge of judicial decisions in this country as up to date as possible. (a) As for the public not hearing all the facts, once charges have been brought against someone it is Illeagal to withhold any evidence brought against the accused person. (b) I believe that mistakes in the court system ( but not the law inforcment) are becoming more frequent. The perfect example of this is the fact that the average sentence for a pre-meditated murderer is 18 years, that’s not enogh, those kind of people should get the death penalty! Or at the least, life in prison, Which brings me to the biggest problem w/ our court system, these people w/ life sentences are getting out based on good behavior, that’s rediculos! They should never be allowed to go up for parroll!
Last of all, don’t start judging how many facts people know about something, I know a lot more than you think.
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The average sentence for murder in the 1st is not 18 years. You cannot begin to complain about the judicial system when you do not understand the myths from the truth. You seem to me to also be the type of person that would claim that the exclusionary rule hurts officers, and that claiming insanity is just an easy way out. Also, your idea of the death penaly being "because they deserve it" is a matter of opinion, which is why the death penalty is unconstitutional in the first place. Coming from someone constantly surrounding by all three branches of government, you must first know the facts or else you will spout fiction.
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Posted By: Clark Kent
Date Posted: 18 February 2005 at 6:26pm
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Dune wrote:
The average sentence for murder in the 1st is not 18 years. |
Good distinction - my number was aggregate.
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Posted By: goodsmitty
Date Posted: 18 February 2005 at 7:07pm
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O.S. do you really feel it is justified to shoot 2 people in the back who have not raised a weapon on these soldiers? I think it does not matter whether it was in a combat situation or not, soldiers need to use good judgement, which he may or may not have, depending on the situation, which we don't know. If they were just fighting these guys ten minutes before, captured them, and then they ran, I can see it being justified.
Saying a soldier is justified because he is under the stress of combat doesn't hold water. I have known a lot of stupid soldiers in my time.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: DBibeau855
Date Posted: 18 February 2005 at 7:12pm
They were being taken in, they were within the theater of operations, they ran, the soldier said stop, these two did not stop. So they were killed. This is a war, and its never pretty.
------------- http://www.last.fm/user/DBibeau855/?chartstyle=myspacecolors">
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Posted By: goodsmitty
Date Posted: 18 February 2005 at 7:24pm
MT. Vigilante wrote:
Clark Kent wrote:
MT. Vigilante wrote:
There are rules, its called the Geneva Convention, and as Oldsolgeir wrote, this Marine’s actions were not against the Geneva Convention. |
Read the rest... the UCMJ also applies, and it is only OS's opinion (and that of the Attorney General of the US) that the Geneva Conventions either do not apply, generally or specifically. That interpretation is quite controversial. Again, this is why we have courts.
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And my point, as well as OS’s I believe, is that the courts are no longer representing justice, they are sentencing murderers to just a few years in prison, and then a Marine, at war, who is only doing his job by taking out a potential threat is charged w/ pre-meditated murder!
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Shooting people in the back who are not representing a threat isn't the Marines' job. Our country has elevated the soldier to some kind of mother Teresa philanthropist, and that just isn't the case. If he is guilty of shooting two people in the back for no good reason, I hope he gets plenty of time to recollect in Ft. Leavenworth.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: DBibeau855
Date Posted: 18 February 2005 at 7:31pm
A soldier is trained to kill. To do otherwize in that sort of situation would be going against what the government trained him to do. It should be know wonder he took those to men out, he was operating on his instinct and did what he was trained to do.
------------- http://www.last.fm/user/DBibeau855/?chartstyle=myspacecolors">
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Posted By: E-98
Date Posted: 18 February 2005 at 8:31pm
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Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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http://www.angryflower.com/softwa.gif - http://www.angryflower.com/softwa.gif
Darur = sexxy
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Posted By: Badsmitty
Date Posted: 18 February 2005 at 8:48pm
E-98 wrote:
Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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Running to keep from getting shot?
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Posted By: goodsmitty
Date Posted: 18 February 2005 at 9:46pm
E-98 wrote:
Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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Abu Graib, Guantanamo Bay. The muslim world thinks we are immoral people who enjoy torturing muslims. They ran because they didn't want to be locked up in Gitmo for 2 years without legal counsel, or stacked naked in a human pyramid and then attacked with dogs.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: goodsmitty
Date Posted: 18 February 2005 at 9:47pm
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DBibeau855 wrote:
A soldier is trained to kill. To do otherwize in that sort of situation would be going against what the government trained him to do. It should be know wonder he took those to men out, he was operating on his instinct and did what he was trained to do. |
You've had military training? Are you speaking from experience? I don't remember being taught to shoot unarmed civilians in the back in my military training.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: Dune
Date Posted: 18 February 2005 at 11:34pm
E-98 wrote:
Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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So you cannot sympathize with this? That's alright, but I don't expect to see you complain when a marine is shot while running away...or are you going to say it's because of "freedom."
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Posted By: Ajreaper
Date Posted: 18 February 2005 at 11:40pm
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LOL- if it becomes SOP to allow suspected insurgents to flee why would any of them not run off to fight another day? Common sense says if an armed group of men have detained you it's best to do exactly what they ask of you or you may end up dead. We try to fight a war like it's a board game- have rules and play within those rules always. It's always easy to figure out what could or should have been done when you have plenty of time in a safe environment to make those second guesses.
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Posted By: Darur
Date Posted: 18 February 2005 at 11:44pm
Dune wrote:
E-98 wrote:
Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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So you cannot sympathize with this? That's alright, but I don't
expect to see you complain when a marine is shot while running
away...or are you going to say it's because of "freedom."
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Um, could you rephraze that.
I dont see your point.
------------- Real Men play Tuba
[IMG]http://img89.imageshack.us/img89/1859/newsmall6xz.jpg">
PH33R TEH 1337 Dwarf!
http://www.tippmann.com/forum/wwf77a/log_off_user.asp" rel="nofollow - DONT CLICK ME!!1
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Posted By: Dune
Date Posted: 18 February 2005 at 11:46pm
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I'm saying that if two marines were shot and killed, unarmed, while running away, there would be an uproar by the pro-war crowd that the insurgents should be tried and given the death penalty. Yet, two insurgents are killed, and it's like we should throw the marines a party.
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Posted By: Darur
Date Posted: 18 February 2005 at 11:52pm
Dune wrote:
I'm saying that if two marines were shot and killed,
unarmed, while running away, there would be an uproar by the pro-war
crowd that the insurgents should be tried and given the death penalty.
Yet, two insurgents are killed, and it's like we should throw the
marines a party. |
Call me crazy, but how often do Marines run away? 
------------- Real Men play Tuba
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PH33R TEH 1337 Dwarf!
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Posted By: Dune
Date Posted: 18 February 2005 at 11:57pm
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If captured and unarmed, anyone would.
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Posted By: Darur
Date Posted: 19 February 2005 at 12:00am
Dune wrote:
If captured and unarmed, anyone would. |
Fair enough, just not a very common thing. I dont know about you but I havent heard anything about US soldiers fleeing.
I am with OS on this, the marines had no means of telling if the
captured were insurgents or not, and it seems the law is on their side.
------------- Real Men play Tuba
[IMG]http://img89.imageshack.us/img89/1859/newsmall6xz.jpg">
PH33R TEH 1337 Dwarf!
http://www.tippmann.com/forum/wwf77a/log_off_user.asp" rel="nofollow - DONT CLICK ME!!1
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Posted By: Dune
Date Posted: 19 February 2005 at 12:02am
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I agree, sometimes split second decisions must be made. And truly I haven't made up my mind on this issue. I was just pointing the obvious that the "kill 'em all" but "don't kill us" attitude that some forumers show tends to be hypocritical.
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Posted By: goodsmitty
Date Posted: 19 February 2005 at 12:44am
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What scares me about this issue is the American attitude that if it has brown skin and dies, "what a shame." If it has an American flag on the shoulder and dies, it is a complete outrage. This neo-conservatism that America is bound to a divine destiny and all that we do is justified is exactly what has distanced us from all of our old allies and the rest of the world. Let's face it, we aren't too popular in the world right now, and glossing over incidents like this one doesn't help our popularity much.
I do not have an opinion on the rightness or wrongness of the soldier's actions, as I wasn't there. But saying that investigating the shooting of two unarmed civilians in the back is tantamount to "lawyers running the war" is ridiculous. Soldiers are no better than anyone else in society and are just a prone to making bad decisions. That is why the military launches investigations. I am confident that they will be exonerated if they were innocent.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: Kayback
Date Posted: 19 February 2005 at 7:28am
goodsmitty wrote:
Soldiers are no better than anyone else in society and are just a prone to making bad decisions. |
Except the soldiers have been trained to kill in many different ways, each meant to be more effective than the last. They are only given rudimentry prisoner handling skills.
They are given weapons of war, and they are sent into an enviroment where hardly a day goes past without some sort of attack against them. Bodybags keep comming back form Iraq with Americans inside them.
It is almost inconceivable to have expertly trained killing machines let loose inside a country and expect them to act like policemen.
Cops and military are two way diffrent roles.
Now they have been sent into a danger zone, and are ngaged on a mission that has already turned up terrorist style weapons, and two of their detainees try to run away.
The split second decision is made, and then the lawyers descent on them like a flock of vultures.
It is like putting me, and air traffic controller, into a chartered accountants post, and then sending me to jail when I don't do it right.
KBK
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Posted By: goodsmitty
Date Posted: 19 February 2005 at 8:11am
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Kayback wrote:
goodsmitty wrote:
Soldiers are no better than anyone else in society and are just a prone to making bad decisions. |
Now they have been sent into a danger zone, and are ngaged on a mission that has already turned up terrorist style weapons, and two of their detainees try to run away.
The split second decision is made, and then the lawyers descent on them like a flock of vultures.
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When I was in Bosnia an AR 15-6 investigation was launched for every one of these type of incidents. We never looked on them like "evil lawyers decending upon the innocent". It is how it works, it keeps soldiers from doing the kinds of things that happened in Vietnam and killing unchecked.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: Grunt
Date Posted: 19 February 2005 at 10:00am
It is war, people die.
------------- 98 Custom
Flatline
CAR stock
Pro/Carbine stock
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Posted By: Mack
Date Posted: 19 February 2005 at 10:20am
Dune wrote:
E-98 wrote:
Yeah, two people running, and like kayback said, I think, running around the nearest corner and coming back with an RPG-7. I have no sympathy for the deaths of two likely insurgents... If they weren't insurgents, why were they running?
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So you cannot sympathize with this? That's alright, but I don't expect to see you complain when a marine is shot while running away...or are you going to say it's because of "freedom."
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The terrorists generally don't shoot unarmed individuals, they are more likely to use them to make a political/religious statement by beheading them and vidiotaping it.
[QUOTE=Goodsmitty] What scares me about this issue is the American attitude that if it has brown skin and dies, "what a shame." If it has an American flag on the shoulder and dies, it is a complete outrage. This neo-conservatism that America is bound to a divine destiny and all that we do is justified is exactly what has distanced us from all of our old allies and the rest of the world. Let's face it, we aren't too popular in the world right now, and glossing over incidents like this one doesn't help our popularity much. [QUOTE]
Yes, the neo-conservitive attitude, which is out there, that "if it has brown skin and dies, what a shame", is scary. Here are two things that I also find scary about neo-liberal attitudes:
- The idea that if an American did it, it must be wrong.
- The assumption/position that world opinion is more important than the safety of our military members
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Posted By: Ajreaper
Date Posted: 19 February 2005 at 11:22am
Dune wrote:
I'm saying that if two marines were shot and killed, unarmed, while running away, there would be an uproar by the pro-war crowd that the insurgents should be tried and given the death penalty. Yet, two insurgents are killed, and it's like we should throw the marines a party. |
Lets see insurgents set off car bombs outside of churches, crowded markets and schools. They assinate goverment workers and members of the Iraqui security forces they kidnap and murder civilians. Yep I feel sorry for those poor SOB's. The only problem I see is there was only 2 of them- would have been better if there were a few more.
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Posted By: Ajreaper
Date Posted: 19 February 2005 at 11:24am
Dune wrote:
If captured and unarmed, anyone would. |
You do not know Marines very well. If they could run it would be at the enemy even if it was with only a dang entrenching tool.
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Posted By: Badsmitty
Date Posted: 19 February 2005 at 11:25am
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No, we libs get antsy if the American Government does it and it turns out to be a lie. We also have few gripes if the military is acting in a legal manner. The righties turned us into "America Haters" when we got miffed over pyramids made out of naked prisoners.
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Posted By: Badsmitty
Date Posted: 19 February 2005 at 11:31am
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Ajreaper wrote:
Dune wrote:
If captured and unarmed, anyone would. |
You do not know Marines very well. If they could run it would be at the enemy even if it was with only a dang entrenching tool. |
perhaps, but they seem to be easily overcome by comely spies while guarding embassies.
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Posted By: Dune
Date Posted: 19 February 2005 at 11:44am
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Ajreaper wrote:
Dune wrote:
If captured and unarmed, anyone would. |
You do not know Marines very well. If they could run it would be at the enemy even if it was with only a dang entrenching tool. |
Wow, maybe you should have added "USA USA" to the end of that. They're human, when the life is at stake and there's a chance to escape, they'd take it.
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Posted By: WUNgUN
Date Posted: 19 February 2005 at 1:22pm
Lt. Pantano is a hero, not a criminal. This is an "after the fact" investigation after he was cleared by a preliminary field investigation. If this motivated Devil Dog receives any type of disciplinary action, CM or OH, it will be a disservice to all of our fine men and women in Iraq who are doing the best they can under the circumstances and more directly the orders they are given. Please read up on what really happened before you pass any judgement on this Marine.
------------- [IMG]http://hometown.aol.com/hlwrangler/myhomepage/revised5_copy.jpg">
""...the Marines we have there now could crush the city and be done with business in four days."--LtGen Conway on Fallujah
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Posted By: goodsmitty
Date Posted: 19 February 2005 at 5:08pm
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Ajreaper wrote:
Dune wrote:
If captured and unarmed, anyone would. |
You do not know Marines very well. If they could run it would be at the enemy even if it was with only a dang entrenching tool. |
OOH RAH! No marine has ever run in fear in combat!
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: goodsmitty
Date Posted: 19 February 2005 at 5:11pm
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WUNgUN wrote:
Lt. Pantano is a hero, not a criminal. This is an "after the fact" investigation after he was cleared by a preliminary field investigation. If this motivated Devil Dog receives any type of disciplinary action, CM or OH, it will be a disservice to all of our fine men and women in Iraq who are doing the best they can under the circumstances and more directly the orders they are given. Please read up on what really happened before you pass any judgement on this Marine. |
Try reading the posts before you pass judgement on non-testosterone crazed intellectuals. We have all acknowledged that we don't know the facts, but that doesn't change the fact that we need to have some oversight in the combat zone. If the soldier is innocent, I am confident he will be found as much.
------------- "Reading this thread, I'm sad to say that the only difference between the average American and the average Taliban is economic status."
-Zesty
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Posted By: Dune
Date Posted: 19 February 2005 at 6:30pm
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From now on, I expect no one on this forum to pass judgement on a Judicial Decision, get mad at the cops, or do anything that involves looking into a decision that was made with an outside eye. I mean, as a cop I don't get mad at the IAD, or any other person that tells me how to do my job. I am human, and I make mistakes, even if the decision must be made at the last second, it still can be a bad decision, and I would expect to be adjudicated by a responsible and governing body.
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Posted By: 98God
Date Posted: 19 February 2005 at 7:37pm
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Rules in war is basically what that is coming down to. Which IMO is pretty ridiculous(sp).
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Posted By: oldsoldier
Date Posted: 20 February 2005 at 9:12am
First off as a comparison our Penal Law in many states allow police officers to use "deadly physical force" to stop fleeing from apprehension.
From what I know these individuals were not searched prior to their bolt, and again UCMJ allows "deadly physical force" to stop fleeing from apprehension as many US civilian police jurisdictions allow. So in this context and with the history of the "insurgents" to hide, conceal and use ruses to inflict casualities, the prudent action that I would have taken if in charge would be the same.
We apprehend "suspect" insurgents, we line up said insurgents to be searched, two bolt off, and with the history of the use of the ruse, and or hidden weapons on the insurgents, I follow two guidelines, the use of "deadly physical force" to stop fleeing from apprehension, and the primary concern of protecting myself and my soldiers from potential harm. Simple basic,
Also per the Geneva Rules of Land Warfare, "deadly physical force" is allowed again to stop fleeing from apprehension.
He was cleared under Art32, yet now someone decides that further inquisition is required for media purposes, can we say "double jeopardy", something our courts have already decided.
As for the Vietnam "unrestrained" use of force, again the history of the enemy techniques was a direct factor in the US force change of tactics. As the war drew down no one wanted to be the "last" to die in a "pointless" war. The Command policy of "body count", "search and destroy" and other factors yes led to excesses, and many were dealt with under UCMJ without the media hoopla of the Calley trial.
And Clark, the "we judge our own" is the way we as soldiers with moral courage determine if one of our peers or subordinates has violated any trust we as fellow soldiers put on them, to violate a trust, or yes any rule of war is handled first by the soldiers unit, then we move it foward, for it is in our best interest.
In that split second can we ever be sure if it is justified, or criminal, or tragic, or intentional....only later can others sit down and spend minutes, hours, days looking at it, and then try to be "fair", give me a break....BTDT
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