Sunday, July 12, 2020

Why are these cases in a civilian court

The question is asked--frequently--why is this case tried in a military court.

At CAAFLog.org you will find a note on the recent case of MG Grazioplene.
Retired Army Maj. Gen. James Grazioplene on Wednesday admitted to sexually abusing his then-teenage daughter in the 1980s, in exchange for a suspension of his sentence.
Grazioplene pleaded guilty in a Prince William County, Virginia, circuit court to aggravated sexual battery. He has been in jail for approximately 18 months. He was expected to be released on Wednesday and will serve 20 years of probation, according to [her] lawyer.”
Grazioplene was first being prosecuted at court-martial. But, the U.S. Court of Appeals for the Armed Forces decided United States v. Mangahas. Mangahas is a significant statute of limitations case and the court-martial of Grazioplene was time barred under the UCMJ according to CAAF; but not in the Commonwealth of Virginia.

Note the sentence.

Compare the Army Times report that
A chief warrant officer in the Army who sexually abused his adopted children for years — until it was finally reported to Army CID in 2017 — has been sentenced to life in prison, according to Justice Department and Army officials.
Note the sentence.

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