On Tue, 21 May 2013 14:29:51 +0000 (UTC), David Makowsky
<
dlmak...@gmail.com> wrote:
>On Tuesday, May 21, 2013 1:16:41 AM UTC-5, googy wrote:
>
>> On Mon, 20 May 2013 21:52:25 +0000 (UTC), David Makowsky
>> <
dlmak...@gmail.com> wrote:
>
>> >On Monday, May 20, 2013 2:57:52 PM UTC-5, W. Baker wrote:
>
>> >> David Makowsky <
dlmak...@gmail.com> wrote:
>
>> >> : On Monday, May 20, 2013 1:22:07 AM UTC-5, (PeteCresswell) wrote:
>
>> >> : > Does anybody know whether the IDF prosecutes sexual assault cases
>> >> : > within
>> >> : > the chain of command or from outside of the chain of command?
>
>> >> : > My impression is that the UK does it from outside.
>
>> >> : > The USA is debating whether going outside the chain of command would be
>> >> : > harmful. I'm thinking that the IDF would have more "real world"
>> >> : > experience because they are more involved in actual military operations
>> >> : > than the UK.
>
>> Good question.
>
>> >> : The issue in the US I believe is that a commander overturned a conviction
>> >> : based on various factors including inconsistencies in victim testimony
>> >> : (That > : was nowhere near the only reason). The PC crowd was so upset
>> >> : by this that
>> >> : there have been Congressional hearings and the commander who overturned
>> >> : the > : conviction will probably never be promoted again.
>
>> >> : All of this despite the fact that the evidence was so poor that the case
>> >> : would never even have gone to a jury in the US civilian system.
I'm not granting your statement here at all, but it does perhaps
remind me that IIRC, I don't think the standards are supposed to be
the same. In situations not involving sex, iiuc, the military justice
system has worked pretty well afaik. There's plenty of evidence it's
not working here.
>> Are you a lawyer? What do you know about the trial? On what basis do
>> you make this claim?
>
>After all the publicity stirred up by the PC crowed I actually read up on the trial. There are several lawyers who go to my Schul, one of whom is a former prosecutor and another is an excellent criminal defense attorney, with whom I periodically discuss legal issues that interest me.
You haven't give a single piece of information that even hints at what
you say.
>
>> > The
>> >> : commander did the right thing.
>
>> Did you hear all the evidence?
>
>No, but i heard enough. Remember the defense does not need to prove innocence so I did not have to hear all of the evidence.
But you're not going to tell us anything. It woudl be double
hearsay, but since you provide nothing, it's not even that.
>
>> >> : I don't care which system is used as long as all politics is excluded and
>> >> : only evidence is included.
>
>> What is evidence is ofteb the subject of dispute and sometimes the
>> topic of appeal. What do you claim was introduced that should not
>> have been, and why would an appeal to an appellate court not have been
>> the better remedy/ I'll tell you why. When there's a war on and
>> every person is needed to pursue the war, the military wants to handle
>> this stuff quickly, and that might be a good reason, but there is no
>> war going on now that takes everyone's attention, and there's no
>> reason appeals couldn't be heard by disinterested parties.
>
>That has nothing to do with the issue. In this case there was a conviction and the commander overturned the conviction. The PC crowed now wants to take away a commanders right to do this
You make it sound like this is a God-given or at least a
Constitutional right. It's neither. If they don't do as good a job
as another system would, then they have no right, even while they
continue to have the power.
>and this commander may never get another promotion.
Maybe he doesn't deserve one.
>
>> >> There are far greater issues in this than you bring up. If it is the
>> >> supaeior or commanding officer who commits the sexual crime it is quite
>> >> futile for the lower ranked individual to bring charges against the person
>> >> to whome s/he must report the offense! It is also the chaim of ccommand
>> >> issues in which higer leve officers do not want to get their people n
>> >> touble and don't want this kind of issue on their own record. It is ffar
>> >> more complicated than just one case that was overturned by the commanding
>> >> officer.
>
>> >I disagree. The case I brought up was an example of the point I made. That > >point is the system that is selected needs to be the best way to get at the
>> >truth. In fact you provided areas of concern that could get in the way of
>> >getting at the truth.
>
>> >I only gave the example I did because that case is being used as a
>> >justification to go to a system in the US military where it will be more
>> >difficult to get at the truth. This is all being brought about by the PC
>> >people.
>
>> When a woman working at Macy's is raped on the job, she doesn't have
>> to report the rape to her supervisor and let a bunch of Macy's
>> employees gather the evidence and try the case. And if there's a
>> conviction the department manager at Macy's doesnt' get to overturn
>> the verdict, and without giving a reason no less.
>
>I don't think this example is similar enough however it does not matter. I have no problem in general if commanders are stripped of these powers if that is the best way to get at the truth and not for PC reasons. The problem is based on the facts in the case I brought up the commander was correct and if he did not have these powers someone might be severely punished when that person should not be punished.
>
>> References to PC are useful when one side has no good arguments.
>
>In this case PC is exactly what is going on.
No it's not. And I'll tell you something. I'm not calling you one
but you should know that the conserviative dummies like to blame PC
for all kinds of problems which they ridicule.
Maybe you think nothing bad happeneed in this case, but you have yet
to say one word of compassion for the women in the miliarary who have
been raped or sexually assaulted. And you use the words PC over and
over again like you're ridiculing all of them and what happened to all
of them, and you come off like someone who would make one excuse after
another if his son were accused of rape, or his brother, or his
friend, or the guy who lived down the block that you dont' even know.
It's too late for me, but if you want anyone else to ever respect you
when give this crap about how you know the man wasn't guilty (even
though he was convicted by a court martial) you'd better leave out all
references to PC or synonyms or you'll come off like you do here.
> Do you think there would not be Congressional hearings and a push to strip commanders of these powers were it not for the PC crowed? Do you think this commander would no longer have a chance for promotion were it not for the PC crowed? As I previously mentioned if it is best to do so then do so but don't do it for PC reasons.
>
>> You would change your mind, probably, if your sister or daughter were
>> raped, chas v'sholom.
>
>You are probably correct. However just as in the Michael Dukakis debate question (1988 Presidential campaign in which he flubbed the answer) policy should not be based on if it were my sister or daughter. All objectivity is lost.
You have already lost your objectivity, if you ever had any on this.
--
Meir