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Former Marine Faces Civilian Trial for Action in Combat

Discussion in 'News & Current Events' started by carpro, Aug 19, 2008.

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  1. carpro

    carpro Well-Known Member
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    http://www.cnsnews.com/public/content/article.aspx?RsrcID=34223

    Former Marine Faces Civilian Trial for Action in Combat in Fallujah
    Ex-Marine Decries Prosecution in Civilian Court

    Monday, August 18, 2008
    By Chelsea J. Carter, Associated Press

    Irvine, Calif. - A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq.

    In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle.

    SNIP

    "This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?" said Nazario's attorney, Kevin McDermott.
     
    #1 carpro, Aug 19, 2008
  2. sag38

    sag38 Active Member

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    Sad. It will get to where no one will want to join the military for fear of idiots in the civilian world. What business do they have judging military matters?
     
    #2 sag38, Aug 19, 2008
  3. dragonfly

    dragonfly New Member

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    If, and I say if the things mentioned in the article are true, he should be punished.
     
    #3 dragonfly, Aug 19, 2008
  4. donnA

    donnA Active Member

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    If he needs punishing it should come from the military, civil courts have no right to judge and prosecute a soldier in a war.
     
    #4 donnA, Aug 19, 2008
  5. carpro

    carpro Well-Known Member
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    This is more of the Clinton legacy for the defenders of our nation.

    Democrats have no idea how to defend this nation. Obama is just more of the same.
     
    #5 carpro, Aug 20, 2008
  6. Don

    Don Well-Known Member
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    Unfortunately, because he's now a civilian and the incident is just now coming to light, the military has no jurisdiction over him...unless he still has some "ready reserve" time left, in which case they could "activate" him for the proceedings.

    I'm torn on this one. I'm very strongly against a "radio order" that says "get it done," and then blindly following that order; however, I wasn't there, I wasn't being fired at previously, and I can't judge how much of a threat they actually considered the individuals.
     
    #6 Don, Aug 20, 2008
  7. donnA

    donnA Active Member

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    He was in the military at the time, he was not under the jurisdiction of civil courts.
     
    #7 donnA, Aug 21, 2008
  8. Don

    Don Well-Known Member
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    But he's not a member of the military *now*; they've already signed paperwork stating they no longer "own" him or have responsibility for him. They'd have to re-activate him in order to have any jurisdiction over him.

    It's a hinky situation, because he's technically a civilian, and we don't want to set a precedent of civilians being tried by the military.

    Well, other than those that have taken action against our country, that is.

    I'd have to say that the prosecutor, if he did his job correctly, consulted with the military first, and (as in several cases that I've seen) the military gave over jurisdiction to the civilian court.

    However, if the prosecutor didn't do his job correctly, then this becomes really, really ominous for our troops; and I'm surprised that I haven't seen any kind of statement from the military officials.
     
    #8 Don, Aug 21, 2008
  9. donnA

    donnA Active Member

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    He didn't commit the crime he is accused of as a civilian, therefore civilain courts have no jurisdiction. The military might ought to have charged him while he was still theres. A court just can not prosecute someone outside their jurisdiction. If the military no longer has jurisdiction because he is no longer in the military then they can not hand over jurisdiction, it is not theirs currently to hand over.
     
    #9 donnA, Aug 21, 2008
  10. carpro

    carpro Well-Known Member
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    http://news.yahoo.com/s/ap/20080828/ap_on_re_us/marines_fallujah

    Jury acquits former Marine in killing of Iraqis By CHELSEA J. CARTER, Associated Press Writer
    Thu Aug 28, 6:56 PM ET


    RIVERSIDE, Calif. - A former Marine accused of killing unarmed Iraqi detainees was acquitted of voluntary manslaughter Thursday in a first-of-its-kind federal trial.


    The jury took six hours to find Jose Luis Nazario Jr. not guilty of charges that he killed or caused others to kill four unarmed detainees on Nov. 9, 2004, in Fallujah, Iraq, during some of the fiercest fighting of the war.
     
    #10 carpro, Sep 1, 2008
  11. Revmitchell

    Revmitchell Well-Known Member
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    Marine after Marine gets aquitted. Those who prosecute these ridiculous cases should be embarrased for bringing failed cases after failed case.
     
    #11 Revmitchell, Sep 1, 2008
  12. carpro

    carpro Well-Known Member
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    He can finally get on with his life.


    Now is the time to rewrite the law so that this travesty doesn't happen again.
     
    #12 carpro, Sep 1, 2008
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