Page 3 of 3 FirstFirst 123
Results 21 to 24 of 24

Thread: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

  1. #21
    Sage
    Fledermaus's Avatar
    Join Date
    Apr 2014
    Location
    Peoples Republic of California AKA Taxifornia
    Last Seen
    Yesterday @ 07:49 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    53,842

    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Oozlefinch View Post
    Yea, he should be Court Martialed. It happened with somebody who was on a military base, and he was in the Fleet Reserve.

    Now if he had been arrested by SVU New York for trying to hook up with a girl in Brooklyn, I might see that aspect. But he was arrested by military personnel, on a military base. Of course, we could always turn him over to the Japanese for prosecution. If I remember correctly part of the SOFA with Japan gives them jurisdiction of all sex crimes. He can always try his luck and see how they choose to deal with him.
    Mainland Japan jails are a bitch.
    'All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others.'

    Douglas Adams

  2. #22
    Sage
    Oozlefinch's Avatar
    Join Date
    Jul 2009
    Location
    State of Jefferson
    Last Seen
    Today @ 04:05 AM
    Gender
    Lean
    Conservative
    Posts
    12,739

    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Fledermaus View Post
    Mainland Japan jails are a bitch.
    I know, I have visited one. And I said that on purpose.

    Japanese prisons are nothing like US ones. Almost every prisoner is in solitary. Everything is tightly controlled, and infractions are generally resolved through corporal punishment.

    Prisoners generally spend 22 hours or so in their cells. For 1 hour a day they have their "exercise period". Where they are taken out by themselves to an enclosed courtyard where they are to exercise. And they are expected to exercise for the entire hour. Stop for more than 10 minutes, and the guards just assume you are done and back to your cell you go. They will not speak anything other than Japanese, and not following commands results in a baton stroke to the back of the legs. Does not matter if you understand the command or not.

    In 1988 I had to make weekly "comfort runs" to an American in a Japanese jail, awaiting trial for a drug offense. Once a week I drove an Officer to the prison, along with his mail, Stars & Stripes newspapers, and 2 cases of MREs. He was frequently bruised when I saw him, and was completely and utterly miserable. About the only thing he was given to eat was rice with fish heads or other fish parts, and either water or fruit juice. He spent almost 3 months in that hellhole awaiting his trial.

    And I had to drive him after the trial. Now remember, his arrest was because he came up positive for marijuana on a drug test after leave. But as part of the SOFA, the US has to share all such results with Japanese authorities. And once or twice a year they will pick one at random to use as an example. 2 weeks after he popped hot (he already had his UCMJ, reduced from E-3 to E-2 and confined to base for 2 weeks), the JPs arrived at the main gate. Warrant in hand, they took him immediately into custody.

    He was convicted in a 45 minute trial (in Japan, a positive urinalysis result is considered the same as simple possession). Sentenced to 5 years in jail, his sentence was suspended and he was returned to US custody, on the condition that he catch the first flight out of Japan and never return to the country. I already had his sea bag in the car, and drove him to Kadena AFB where the first flight leaving was to South Korea. I have no idea what happened after that, but he probably got stuck there for a while since most flights from Korea have a stop in Japan, and he could not even be on a plane that lands in Japan.

    Yea, I actually said that Japan should deal with him with purposeful malice. If he thinks he was badly treated by the US, I would love to see what he thought of the treatment Japan would give him.
    War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. - John Stuart Mill

  3. #23
    Sage
    Fledermaus's Avatar
    Join Date
    Apr 2014
    Location
    Peoples Republic of California AKA Taxifornia
    Last Seen
    Yesterday @ 07:49 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    53,842

    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Oozlefinch View Post
    I know, I have visited one. And I said that on purpose.

    Japanese prisons are nothing like US ones. Almost every prisoner is in solitary. Everything is tightly controlled, and infractions are generally resolved through corporal punishment.

    Prisoners generally spend 22 hours or so in their cells. For 1 hour a day they have their "exercise period". Where they are taken out by themselves to an enclosed courtyard where they are to exercise. And they are expected to exercise for the entire hour. Stop for more than 10 minutes, and the guards just assume you are done and back to your cell you go. They will not speak anything other than Japanese, and not following commands results in a baton stroke to the back of the legs. Does not matter if you understand the command or not.

    In 1988 I had to make weekly "comfort runs" to an American in a Japanese jail, awaiting trial for a drug offense. Once a week I drove an Officer to the prison, along with his mail, Stars & Stripes newspapers, and 2 cases of MREs. He was frequently bruised when I saw him, and was completely and utterly miserable. About the only thing he was given to eat was rice with fish heads or other fish parts, and either water or fruit juice. He spent almost 3 months in that hellhole awaiting his trial.

    And I had to drive him after the trial. Now remember, his arrest was because he came up positive for marijuana on a drug test after leave. But as part of the SOFA, the US has to share all such results with Japanese authorities. And once or twice a year they will pick one at random to use as an example. 2 weeks after he popped hot (he already had his UCMJ, reduced from E-3 to E-2 and confined to base for 2 weeks), the JPs arrived at the main gate. Warrant in hand, they took him immediately into custody.

    He was convicted in a 45 minute trial (in Japan, a positive urinalysis result is considered the same as simple possession). Sentenced to 5 years in jail, his sentence was suspended and he was returned to US custody, on the condition that he catch the first flight out of Japan and never return to the country. I already had his sea bag in the car, and drove him to Kadena AFB where the first flight leaving was to South Korea. I have no idea what happened after that, but he probably got stuck there for a while since most flights from Korea have a stop in Japan, and he could not even be on a plane that lands in Japan.

    Yea, I actually said that Japan should deal with him with purposeful malice. If he thinks he was badly treated by the US, I would love to see what he thought of the treatment Japan would give him.
    I originally thought the fish heads and rice thing was an urban myth. No more after a tour in Iwakuni in the 1980s.

    Ah, the "candy sticks". The white ends pointed to tell you to do something. The red ended pointed to tell you to stop doing something. As we were told the concept of "police brutality" does not exist in Japan.
    'All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others.'

    Douglas Adams

  4. #24
    Sage
    Oozlefinch's Avatar
    Join Date
    Jul 2009
    Location
    State of Jefferson
    Last Seen
    Today @ 04:05 AM
    Gender
    Lean
    Conservative
    Posts
    12,739

    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Fledermaus View Post
    I originally thought the fish heads and rice thing was an urban myth. No more after a tour in Iwakuni in the 1980s.

    Ah, the "candy sticks". The white ends pointed to tell you to do something. The red ended pointed to tell you to stop doing something. As we were told the concept of "police brutality" does not exist in Japan.
    I was there at the time of the official end of the 1 year of mourning for the death of Emperor Showa. And one of the things that was quickly passed around was what happened to an Airman in Okinawa City.

    He was walking down the street, just "batting" with his hand at the Japanese flags hanging everywhere in honor of the end of the 1 year of Mourning. Nothing even intentional or malicious, just absentmindedly swatting them as he passed by. 2 JPs saw this, and took great offense. They literally beat the crap out of him right there on the street, and hauled him away. If I remember he plead guilty to some offense and the US had to pay his penalty. Never heard what happened afterwards, but probably an Article 134 UCMJ, and an order to pay back the amount after a quick return to the US.

    Yea, I still remember my in-briefings each time I arrived there. Pretty much "If you are going to do something stupid, do it on base. If you are stupid enough to get in trouble out in town, don't fight back and do anything they tell you to do".
    War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. - John Stuart Mill

Page 3 of 3 FirstFirst 123

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •