Takepart notes:
Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout was acquitted of all charges by an all-white jury.
American Heritage Magazine has this introduction to the charges (and a fairly decent history of the case):
Here is an upublished opinion in the Court of Appeals, First Circuit, State of Louisana, in State v. Davis.
Note, this case was a court-martial tried under the Louisiana Code of Military Justice (a National Guard case).
La. R.S. 29:101-242, applies to all members of the state military forces when not subject to the Uniform Code of Military Justice (UCMJ) and while in a duty status or under a lawful order to be in a duty status. The processing of charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused. La. R.S. 29:102(A) and (C).
Here is a link to the military judge’s sentencing statement in the case of Canadian Captain Semrau. Obviously it is notable because the practice is for the judge to provide a reasons for sentencing, but secondly is the reliance on United States v. Maynulet and United States v. Horne (LEXIS doesn’t show a “Horne” case, and I could not find a case listed on the ACCA site) for comparison.
I was also informed of two American court martial cases involving the killing of a wounded and unarmed enemy. Both incidents occurred in 2004 in Iraq. In the first court martial, Captain Maynulet was involved in an operation to capture or kill a high-value target. Immediately after the initial engagement with the enemy, Captain Maynulet shot a mortally wounded insurgent because he thought it was the humane thing to do and that it would ease his suffering. Captain Maynulet was charged with assault with intent to commit murder. He pled not guilty and was found guilty of assault with intent of commit voluntary manslaughter. He was sentenced to dismissal from the service. Evidence at sentencing was extremely favourable for the offender.
The second court martial involved Staff Sergeant Horne. Members of his platoon fired upon trucks carrying insurgents. The second truck was set on fire. Staff Sergeant Horne attempted to save the victim who was sitting in the burning truck loaded with explosives. The victim fell to the ground and was severely injured. Staff Sergeant Horne spoke with his officer and with another staff sergeant about putting the Iraqi out of his misery. The officer told him to do it and the other staff sergeant shot the Iraqi three to five times. When Staff Sergeant Horne realized the Iraqi was still alive, he fired one shot into the victim’s head. He did so to put him out of his misery. Staff Sergeant Horne pled guilty to premeditated murder and conspiracy to commit premeditated murder but to took exception to the word "premeditation" and he pled not guilty to solicitation to commit premeditated murder. He was sentenced to confinement for three years, reduction to the rank of private, forfeiture of all pay and allowances and a dishonourable discharge. On appeal, his sentence was reduced to confinement for one year, reduction to the rank of private, forfeiture of all pay and allowances and a bad conduct discharge.
Thanks to Raymond Ward’s the (new) legal writer here is an article about brief (motions?) writing.
Prof. Ken Chestek of the Indiana University School of Law recently conducted a study, trying to determine empirically whether a brief with an element of storytelling is more persuasive or less persuasive than a purely logical, law-driven brief.
He published the results of his study in an article that you can download here. Although (as Prof. Chestek acknowledges) the sample size may be too small to draw definitive conclusions, the study’s results suggest that storytelling makes for a more persuasive brief.
is the title of a pretty good song.
Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.
Guenal Mettraux, A Little Known Case from the American Civil War: The War Crimes Trial of Major General John H. Gee, 8 J. Int. Crim. Justice, 1059.
Major John Henry Gee was the commandant of the Confederate prison at Salisbury, North Carolina from 1864 until 1865. During his tenure, thousands of Union prisoners of war died of starvation and diseases or were shot when attempting to escape. Shortly after the end of hostilities, Major Gee was arrested, charged with two counts of violations of the laws of war and brought before a military commission to be tried. The trial of Major Gee is one of the first recorded trials for war crimes and a rare early example of domestic prosecution of an enemy fellow-national for what was effectively an international crime, in a war in which his side had been vanquished. Unlike the war crimes trial of Henry Wirz, commandant of Andersonville prison during the American Civil War, little attention has been paid to this important precedent.
Msr. Mettraux is described as:
Melanie O’Brien’s thesis for her PhD at Nottingham Univ. is online.
National & International Criminal Jurisdiction Over United Nations Peacekeeping Personnel for Gender-Based Crimes Against Women.
This thesis seeks to determine the most effective jurisdiction for criminal accountability for UN peacekeeping personnel who engage in sexual exploitation and abuse of women, and other conduct amounting to violence against women. As criminalisation is sought as the appropriate method of prevention and punishment of such conduct, it is first examined why criminalisation is necessary. The impact of sexual exploitation and abuse (SEA) on women in the territories in which peace operations are located is detailed as harms in the form of violations of the rights of these women. Alternatives to criminal sanctions are then considered, in particular the actions of the UN towards prevention and prohibition of SEA. While such regulations are necessary, they are ultimately inadequate in preventing and punishing SEA. Included is an assessment of the Draft Convention on Criminal Accountability of UN Officials and Experts on Mission, the adoption of which would support criminalisation.
is the title of a pretty good song.
Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.
The August Army Lawyer is online. My initial look found this one article of potential interest to MJWonks.
Warrior King: The Triumph and Betrayal of an American Commander in Iraq, by LTC Nathan Sassaman.
Retired Lieutenant Colonel Nathan Sassaman believes in winning.3 He won as West Point’s quarterback, and he preached the virtue of rising after a fall as an Army officer. In Warrior King, Sassaman attempts to win back his public image after involvement in a notorious incident of detainee abuse early in the Iraq War.
The Chronicle reports:
Barbara (Obremski) Allen, widow of Chester native First Lt. Louis Allen, will host a book-signing of her new release “Front Toward Enemy” On Saturday, Oct. 23 from 3-6 p.m., at John S. Burke Catholic High School in Goshen.
When Lt. Allen was murdered in Iraq in 2005 he left behind Barbara and their four sons ages 20 months to 6 years. While the Sergeant accused of his murder signed a confession, it was rejected and he eventually walked out of the Army and his court martial a free man. This is the impossible story.
Court-Martial Trial Practice Blog