Canada.... wtf mates?!?!

[Gadiantor]

Originally posted by Aristotle
I read that the punishment for this act would be 5 years in prison.

The punishment would depend on what specific charges were brought against them. Either their commander (non-judicial punishment) or a court would decide thier sentence, but most likely it would be a court since the court can give out much harsher punishment, which is usually called for in these cases. Generally you'll have six officers on the jury. If the person being tried is enlisted, they gets to decide if they want any enlisted members on the jury, but traditionally enlisted jury members are more harsh with sentencing than officers, so most of the time the defendant asks for the softies. The maximum sentences would be:

(1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Other cases of completed or attempted desertion.

(a) Terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(b) Terminated otherwise. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(3) In time of war. Death or such other punishment as a court-martial may direct.

A complete side note, the act of completed or attempted desertion with intent to avoid hazardous duty carries the same maximum punishment as consensual sodomy with an adult...who knew?

In all likelyhood the US Government would ask for the maximum of five years. It's hard to imagine a court not giving the maximum, but you never know. I'm not sure what the legal definition of "time of war" is in these cases, but I don't think the Government would try to push for the death penalty. Of course I'm not an expert on military law, I've just seen a lot of non-judicial punishment paperwork and have been a juror for a court martial.

What some people consider more damaging than the time in prison is the dishonorable discharge. A bad-conduct discharge isn't that bad, but either a bad-conduct or a dishonorable discharge preclude someone from federal employment and must be reported when applying for hunting licences and purchacing hand guns, and on most applications for employemnt. It is a federal conviction, which definitely has an impact on the rest of a persons life.

Ok, I'm done with what is most likely an unwanted post on the military justice system.

[Frobozz]

I've been thinking about this and something that really upsets me is that these soldiers, leaving a combat zone, might make some 'political' statement. But holy shit did they think about the type of danger they put their former fellow soldiers in? Those that are living up to their responsibilities, etc..?

Yeah that upsets me.

[Gesslar]

the only news i listen to is on at 6.30am for 5 minutes on the way to work in the morning. since i only work that early once every two weeks, i may have missed this story! so i don't really have much of an opinion on this matter.