Brenner M. Fissell
7/16/2021 05:18:13 pm
"“Since these acts would violate U.S. cruelty-to-animals laws, they ‘bring discredit upon the armed forces’ and senior commissioned officers who order troops to engage in them have participated in ‘conduct unbecoming an officer and a gentleman.’”"
Tami a/k/a Princess Leia
7/16/2021 06:57:27 pm
JC, does no one read the rules anymore? Is everything we do or decide based solely on an emotional response or gut reaction? It appears the answer to the first question is no, and that the answer to the second question is yes.
Brenner M. Fissell
7/17/2021 09:38:25 am
Fair enough. What about the Clause 3 analysis?
Tami a/k/a Princess Leia
7/17/2021 03:51:32 pm
There is no "clause 3 analysis" because the terms of the US Code at issue on animal welfare (i.e. the Animal Welfare Act, Title 7), don't apply overseas in other countries, like Thailand. https://www.nal.usda.gov/awic/animal-welfare-act
Brenner M. Fissell
7/17/2021 04:00:14 pm
See 18 U.S.C. § 48(a)(1).
FormerDC
7/17/2021 10:12:26 pm
Since there is an enumerated 134 offense, isn’t assimilating another federal statute precluded?
1984
7/18/2021 09:06:59 pm
@FormerDC
Isaac Kennen
7/18/2021 07:41:43 am
No Code violation.
Lone Bear
7/18/2021 08:07:47 am
I agree with Isaac, but a little more bothered. It reflects poorly on the service, but doesn’t rise to a 134 violation and is seemly condoned by leadership. A bit of a conflict because even if it was a violation the convening authority is probably cool with it, another reason there should be independent prosecutors. The easy solution would be to order the troops not to senselessly kill animals and make it a 92, but the fake defense they issued probably means that won’t happen.
Tami a/k/a Princess Leia
7/18/2021 02:31:01 pm
@Former DC, there is no enumerated Article 134 offense because reptiles are not "animals." The offense also doesn't apply to "authorized military operations or military training." And the person who kills the snake isn't subject to the UCMJ.
Brenner M. Fissell
7/18/2021 05:36:04 pm
This was a fun exercise but it’s probably not worth thinking about anymore… Tammi has shown her tenacity as a creative defense counsel! Comments are closed.
|
Links
CAAF -Daily Journal -Current Term Opinions ACCA AFCCA CGCCA NMCCA Joint R. App. Pro. Global MJ Reform LOC Mil. Law Army Lawyer Resources Categories
All
Archives
April 2022
|