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Politics : Foreign Affairs Discussion Group

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To: Ilaine who wrote (132266)5/8/2004 11:48:25 PM
From: Hawkmoon  Read Replies (2) of 281500
 
Most of the people being prosecuted won't get a real jury anyway, they're being court-martialed. I fail to see how a panel of military personnel is the same as a jury

Which is why it's even more imperative to avoid the appearance of "command influence" having an effect on how the trial is conducted.

It's extremely important, as you understand, that a commander (in this case, the President and/or Secretary of Defense) not display any form of prejudgement of the guilt/innocence of the defendants. Should they do so, it would be grounds for a mistrial and dropping of charges.

Here's a reference case I found where this happened:

armfor.uscourts.gov

And a discussion of the definition of Unlawful Command Influence:

usmilitary.about.com

You're the lawyer.. I hope you can tell us whether Bush/Rumsfeld discussing the events surrounding the case and making negative comments as to the horrendous nature of the crimes meets the standard of UCI.

Hawk
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