Staff Sgt. Bales

Discussion in 'Law and Justice System' started by Kevin_Kennedy, Mar 23, 2012.

  1. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    Staff Sgt. Bales allegedly murdered 17 Afghan civilians, so shouldn't he be tried in Afghanistan by an Afghan court? The alleged crime was committed in Afghanistan against Afghanis, so why was the prime suspect whisked away to the U.S. to be tried presumably in an American military court?
     
  2. Peach
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    Peach Gold Member

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    No, he should NOT be tried by an Afghan court.
     
  3. Publius1787
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    Publius1787 Gold Member

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    Normally that would be true if there was an absence of a Status of Forces Agreement. However, sense we do have a SOFA he is rightly tried under the UCMJ. You disagree with this?
     
  4. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    Why not?
     
  5. Peach
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    Peach Gold Member

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    See the post of Publius, above.
     
  6. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    Yes. We are not at war with Afghanistan, and this crime was committed in Afghanistan against Afghani civilians. I see no reason why our troops should be immune from Afghan law while they're in Afghanistan.

    The quote in your signature was said by John Adams during a trial in Mass. of British soldiers accused of firing on civilians. Note that the soldiers were not whisked away to Great Britain to face trial for their alleged crime.
     
  7. uscitizen
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    uscitizen Senior Member

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    Unless our entire nation building effort there was a sham you are correct.
    He committed a crime outside of his military orders and thus should be tried by the local authorities.
     
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  8. uscitizen
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    uscitizen Senior Member

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    This sends a powerful message to the Afghans that we do not view them as a sovern nation. But as conquered servants of the USA. Wh do not deserve the same rights as their conquerors get.
     
  9. Publius1787
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    Publius1787 Gold Member

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    A Status of Forces Agreement is an legal agreement between two countries. We have one for every base that we have overseas. If Afghanistan did not agree to the SOFA we would not be operating in Afghanistan. We pulled out of Iraq because Iraq did not want to renew the SOFA. The British were tried by colonists because the colonies were British soil with British common law, and therefore, no special consideration was needed. Just as when a U.S. soldier commits a crime within the United States he is tried in civilian court and not immune to double jeapordy.

    Your avatar is of Frederic Bastiat, a champion of natural law and the liberty of the individual. Certainly you believe that our troops should not be tried under a system in which the laws of nature are not the focal point of Afghan law. Certainly you would respect the freedom of a country to contract an agreement with another in keeping with its Constitution? Certainly you would not want us to be in a foreign country without an SOFA agreement? Certainly you would want to honor the legal agreement between our countries? Certainly we have the right to try him under the UCMJ and not under a system of religious bigotry & intolerance. I wouldn’t wish that upon the most obviously guilty serial killer. Why? Because what implications would it have on my treatment in the court of law?
     
    Last edited: Mar 23, 2012
  10. Peach
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    Peach Gold Member

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    The Status of Armed Forces Act:

    http://www.fas.org/sgp/crs/natsec/RL34531.pdf
     

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