child - Philip D. Cave

Collateral effects of PTSD

Philip D. Cave — Sun, 13 Dec 2009 16:36:13 GMT

The downloading of CP?

This local story from Virginia, which is headlined “Navy officer gets 40 months for child porn,” reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here are the details:

A Navy lieutenant commander who served in Iraq with an elite Riverine unit was sentenced today to 40 months in prison after admitting he downloaded child pornography. John J. Hall blamed his actions in part on post traumatic stress disorder, a claim that the judge in the case took into account in granting leniency.

This does not seem out of line with what would be admissible and relevant under R.C.M. 1001 at court-martial, and prosecutions under the UCMJ.

Is this unlawful influence, or just a bad idea, or . . . ?

Philip D. Cave — Sat, 14 Nov 2009 02:46:54 GMT

How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not give politicians or government officials a right to be involved.

Risch Urges Additional Murder Charge in Fort Hood Slayings

This article reports that at least two Congress people are getting involved seeking to influence the prosecution of Major Hasan. Are they creating fodder for various defense motions, making the prosecutions job a political one, or just plain bad form. The talk is about Article 119a, UCMJ, a product of the Unborn Victims of Violence Act (UVVA), which is an outgrowth of special interests who convinced Congress in 2004 that a fetus is a child. It’s a political issue, it was a political hot-potato then, and potentially still is, albeit there is a statute in place. I guess we should see what other pressures and special interests can get on board to help the prosecutors out, and possibly the defense in the process – I’m sure both sides will be happy for the extra help.

To what extent do state and federal legislators and government officials get involved in the day to day prosecution decisions of the U. S. Attorney, or District Attorney, or Commonwealth Attorney? Is this a regular practice we aren’t used to seeing in the military? Who else will be demanding prosecutions for a specific offense and using their political influence to try and bring this about. A court-martial is a serious affair, there is no place for politics from the right or the left.

As it stands, there is nothing to prevent the prosecution presenting evidence of the pregnancy and asking the members to consider it as aggravation of the seriousness of the offenses.

Mother to court-martial or Afghanistan; her child into custody

Philip D. Cave — Fri, 13 Nov 2009 19:12:45 GMT

A number of groups are unhappy that Major Hasan has not been charged under Article 119a, UCMJ, yet for his killing of a pregnant mother and her fetus at Fort Hood. (See e.g. Pro-Life Group Asks Military to Charge Hasan) So far his court-martial charges are all the 118’s. One of the other issues that’s been discussed with Major Hasan is whether he tried to avoid going to deployment or asked to be discharged. Elsewhere, IPSnews.com reports:

U.S. Army Specialist Alexis Hutchinson, a single mother, is being threatened with a military court-martial if she does not agree to deploy to Afghanistan, despite having been told she would be granted extra time to find someone to care for her 11-month-old son while she is overseas. Hutchinson, of Oakland, California, is currently being confined at Hunter Army Airfield near Savannah, Georgia, after being arrested. Her son was placed into a county foster care system.

So, how hard is it to avoid deployment without going AWOL?