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| Ruth Marcus |
Ruth Marcus, columnist for the
Washington Post,
has written that the
Sinclair case has implications for military justice reform:
Which is precisely why the better course — the more just course, for accuser and accused alike — would be, as [Sen. Kerstin] Gillibrand urges, to take these decisions away from those who have competing worries besides dispensing justice.
Missouri Democrat Claire McCaskill, who has been the leading advocate against the Gillibrand approach, argues that it would result in fewer cases, as prosecutors worry more about win-loss records than protecting victims.
Perhaps, but this sordid episode demonstrates the countervailing risks of the status quo. Justice, and the commanders burdened with dispensing it, would be better served with these decisions left to professionals.
A few quick thoughts.
ReplyDeleteFirst, we are not yet aware of the total effect of this conviction. When he retires, BG Sinclair will go before a grade review board and he will be retired at the last grade he served honorably. If that is Lieutenant Colonel, then the total cost could be about 2 grand a month for the rest of his life. That means this sentence carries with it the additional "fine" of over half a million dollars.
Second, while I understand the volatility based on the sexual assault charge, I proffer that you might have seen a similar result in any equivalent crime. Military Panels are loath to punish an innocent wife and children. Had Sinclair been dismissed or spent time in jail, his totally innocent and victim wife would have suffered a "fine" of hundreds of thousands of dollars. Family law tells us that the military retirement is half hers... but if he loses it through criminal behavior, she loses hers as well. Personally, I think civilian juries would be just as compassionate for the wife as a military panel... maybe more so. Somehow, we need to further separate the rights and benefits of dependents from the effect of criminal sentences in order to achieve greater justice.
Just my two cents.
Rich Meyer