ZorbasLeGreque wrote:
SueDB, after Hadhita - that was practically yesterday - do you have confidence in the willingness (or ability) of the US Military Judicial System do deal with massacres in an appropriate way ? Or is it your opinion that "no prison time" is an appropriate answer to the Hadhita-massacre ?
Am I not allowed to predict in the light of precedence - and My Lai is precedence for the inapproriate response to massacres by the US Judicial System - that this new massacre will be handled inappropriate as well ?
Can you name a massacre by US-troops that was handled appropriate by the US Judicial system and was punished with (let me take the much more lenient European scale) 15 years of imprisonment served ?
(edited)
The circumstances surrounding the massacre of civilians by soldiers in a war zone are frequently such that it is going to be very difficult to gain murder convictions in any system of justice that presumes innocence and places the burden of proof on the prosecutor. I do not like that, but I do not see an easy way around it.
The victims in the place where the crime took place have little reason to trust American investigators. The bodies of the dead are often unavailable for autopsy. Locating evidence to show that certain shots came from certain issued weapons my be impossible. Eyewitness testimony requires asking people who were under large amounts of stress to distinguish between uniformed foreign soldiers, and must take into consideration the fact that the survivors of the atrocity might not particularly care if the right foreign soldiers have been identified, as long as some foreign soldiers are punished. Showing that a specific soldier committed murder is very difficult.
Declaring that everyone present bears the full responsibility for every individual crime committed can result in treating people who are guilty of attempting to hide a murder committed by a comrade as though they are as guilty as the person who pulled the trigger. It also puts more pressure on anyone who might want to speak out, because they would be placing those of their friends who lack the courage to speak up in the same jeopardy as those who pulled the trigger. And there's the matter of coercion. Do you hold someone guilty for not speaking out if they were told that speaking out would make them the subject of a "friendly fire" incident? Do you distinguish between someone who steps forward immediately and someone who struggles with their conscience for a time before stepping forward? Do you distinguish between those who step forward voluntarily and those who only step forward when directly questioned?
Reversing or revising the burden of proof based on the severity of the crime is difficult to reconcile with the idea of a system of justice. This is particularly true if we are talking about making it easier to gain a conviction when the crime is more severe.
I don't like the results that this can produce when the time comes to attempt to bring individuals who have committed atrocities to justice, but I do not see an easy way around these issues. Convicting Private Smith for a murder that Sergeant Doe commits, and that Private Smith had no advance knowledge is wrong. Letting Sergeant Doe walk free because it is impossible to prove beyond a reasonable doubt that he, and not Private Smith, committed is also wrong. Failing to gain justice for the victimized civilians is wrong. Discarding our standards of proof because of the heinousness of a particular crime is wrong. I'm not seeing anything right within a thousand miles of any of this.