U.S. deserter or conscientious objector ?

Tassadar

Master
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One deserve one year in jail, the other liberty over conscription, so why this guy was sent into jail ? He should have the conscientious objector status.

Quote,


U.S. deserter sentenced to year in jail
Last Updated Fri, 21 May 2004 21:57:17
FORT STEWART, GA. - A U.S. soldier who left his unit in Iraq to protest against the war was convicted of desertion Friday and sentenced to a year in jail and a bad conduct discharge.

Staff Sgt. Camilo Mejia said he had no regrets over his actions and did not fear going to jail for what he said was a matter of principle.

A jury of four officers and four enlisted soldiers took about 20 minutes to decide to give Mejia the maximum sentence.

The 28-year-old Mejia, an infantry squad leader with the Florida National Guard, refused to return to his unit after a two-week furlough in October.

Called war unjust

The said he believes the conflict in Iraq is an unjust war driven by the need for oil.

In March, he turned himself in to the Army and asked for conscientious objector status. That request is being considered separately.

Capt. Tad Warfel, Mejia's commander, said Friday he hoped the verdict would be a warning that deserters would be punished, regardless of their reasons.

In his closing arguments, defence lawyer Louis Font said Mejia made an honest mistake by thinking he did not have to serve in Iraq anymore, once he decided to become a conscientious objector.

Mejia is the son of Nicaragua's leading left-wing singer.

Link:http://www.cbc.ca/stories/2004/05/21/world/desert040521


Do you agree, would you do the same as he did ?

I also knowed that there is a Canadian refugies for those US soldier which want to desert, it is not official but it exist. So welcome american conscitious objector, free country still exist.
 
He got the maximum sentence to deter others from doing the same...

Oh...right...you want me to condemn this action...

I can't.
 
He should have gone through the proper channels rather than run away for several months. Although I'm not sure it would have turned out differently, as eyrei says, deterrance is key when many soldiers may be thinking the same thing.

And he probably should have tried to go through a way so that he'd be serving in some other capacity.
 
eyrei said:
He got the maximum sentence to deter others from doing the same...



I can't.


Quote from the link,

A jury of four officers and four enlisted soldiers took about 20 minutes to decide to give Mejia the maximum sentence.


Do you think they are impartial courthouse, i dont, why such a judgement is done by the military, it should be a civil courthouse with judge with some education and knowledge of the law, not some yes man soldier. That make no sens to me.
 
Because it deals with the Military Code of Justice, maybe?

But there is no question that he at least went about this in the worst way possible, just deserting after getting his two-week vacation back home.
 
He deserved the jail time. You don't desert. There is no real reason to do so.
 
And the military code of justice allow the conscientious objector status, so what happen ?

I guess the procedure to get this status is deeply buried somewhere in a military field.
 
Tassadar said:
Quote from the link,

A jury of four officers and four enlisted soldiers took about 20 minutes to decide to give Mejia the maximum sentence.


Do you think they are impartial courthouse, i dont, why such a judgement is done by the military, it should be a civil courthouse with judge with some education and knowledge of the law, not some yes man soldier. That make no sens to me.

Why should a civilian court deal with an offense that only exists for military personel? Oh...right...to make sure he is found innocent...oh...wait...that wouldn't be impartial.

The bottom line is that people get made examples of. From the article, it seems this guy understands what is happening, and is not worried about it. Let him be. He got out of fighting a war he didn't believe in. That is his right. However, deciding to do that after you join the military may bring some punishment. He understands it, why can't you?
 
Zarn said:
He deserved the jail time. You don't desert. There is no real reason to do so.

There are reasons to desert. Not believing the people you are shooting at did anything wrong is one of them. However, he should not have joined the military in the first place.
 
Sarevok said:
I dont think the US should be "making examples", it dosent seem right.

Our military is simply trying to limit desertion. Is there something difficult to understand about that?
 
eyrei said:
There are reasons to desert. Not believing the people you are shooting at did anything wrong is one of them. However, he should not have joined the military in the first place.


But lets say he join in for US territories defense and he doesnt agree to invade another one which never attacked US, IMO then, he deserve the conscentious objector status.

Does this military courthouse have the final word ? Is there a suprem military courthouse or something like that ? if no, then the army is a dictature.
 
Tassadar said:
But lets say he join in for US territories defense and he doesnt agree to invade another one which never attacked US, IMO then, he deserve the conscentious objector status.

Does this military courthouse have the final word ? Is there a suprem military courthouse or something like that ? if no, then the army is a dictature.

He likely joined the military hoping that he would never be deployed in a war zone. There are huge financial benefits to joining the US military, particularly for long periods of time. However, there are risks. If one can't deal with the risks, they should never have signed up. They aren't there to question...if they want to do that, civilian life is a better place for them...maybe he should become a politician.
 
Ok, so when the conscentious objector status applied according to military code of law, because i know this status is possible.
 
Tassadar said:
Ok, so when the conscentious objector status applied according to military code of law, because i know this status is possible.

I am honestly not sure it exists. Maybe a myth...

Though, it might only apply if someone was ordered to fight against their home country, or their parents' home country. It might simply mean they take a cut in pay to have to only serve one tour because they don't believe in the war...I don't know. What I do know is that most of your sympathy for this guy is likely misplaced. I highly doubt it means you can manage to go home immediately because you don't like the war you are fighting.
 
Duke of Marlbrough said:
To obtain the objector status, you file the paperwork and petition for it. You don't decide on your own that you simply won't go back. One is following procedure (which you do in the Army), the other is desertion.

If it is so simple, why did he choose to desert. Do you know if this information ( to get the obj. consc. status) is given to soldier. Does the right paper available on request ? Can you stop fighting during that process ?
 
When someone fails to show up for duty it is considered absent with out leave. After 30 days, it becomes desertion. The guy was gone well over 30 days.

He is a deserter from the U.S. military. Hence he should be tried under the UCOMJ system. Desertion is serious offense punishible by death in all U.S. military branches. 1 year sounds very fitting.
 
Thank you D o M, i had a good reading.

Eyrei, see it wasnt a myth at all, we all learn.
 
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