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General News

Opaque military justice system shields child sex abuse cases

WASHINGTON (AP) — More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.

Of the 1,233 inmates confined in the military’s prison network, 61 percent were convicted of sex crimes, according to the latest available data, obtained through the federal open records law. Children were the victims in over half of those cases. Full Article

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The military justice system is just like any other prosecutors office, they make plea deals. Most service judge advocates do not want to go to trial by jury, I was advised to go judge only. I was facing 41 years for Carnal Knowledge, Sodomy of a Minor (Oral), and Adultery (14 yo victim). The first plea deal offered by the Commanding General was 6 months. I refused. Then the day before trial, I was offered 18 months, and took it. The military judge is not allowed to know the deal until after sentencing. I was given 5 years, reduction to E-1, and a Bad Conduct Discharge – which was reduced to 18 months per my deal with the Commanding General.

In the military confinement system sex offender still earn good-time and earned-time. I was denied parole at 6 months, but was release unconditionally at 13 months. No probation or parole, as those are not options under the UCMJ.

The real kicker is that the UCMJ does not define offenses an misdemeanors or felonies. So, technically I’m not a convicted felon. They would have to change the UCMJ to make that distinction, but ex post facto would prevent it from applying to me. Also, the military does not record your convictions in NCIC until after your appeals are exhausted.

Anyways, we have a kid as a result. He is now ten and he is a champ. She is 25 now and we are a family.

The UCMJ can suck it… I can’t do anything with it…. All I can ask for it a pardon… from the president or the president… so thats about it…. Forever stuck with it..

The state can slot you in whatever category fits the crimes

Not exactly. They cannot re-write the law, to do so would be unconstitutional and ex post facto. They cannot classify your crime by looking at the title of the crime, they must look at the elements; because they do not always match up. If you are letting them get away with doing whatever, that is on you – challenge it in court.

Utah tried to make me a lifetime offender based on title, after I sued them in Doe v. Shurtleff. I threatened to sue based on ex post facto, lack of jurisdiction, and the supremacy clause. The next year they changed the law and said non-Utah convictions had to register for the period of time required by the convicting jurisdiction. Since its federal, it’s 25 years for me under the AWA – so that’s what Utah has for me now.

Would love your thoughts, please comment.x