Judges say veterans should be treated differently when they are sentenced for crimes (WSJ)

[pissedoff01]

http://online.wsj.com/article/SB126221697769110969.html

Judges Consider New Factor at Sentencing: Military Service
By AMIR EFRATI

A small but growing number of judges say U.S. military veterans should be treated differently from nonveterans when they are sentenced for crimes. As more soldiers return home from combat overseas and end up in the criminal-justice system, a number of state and federal judges are deciding to show former soldiers leniency in light of their service. Some veterans are receiving probation coupled with psychological treatment, generally for nonviolent crimes that normally would land them in prison.

That is raising concern among some legal experts, who say singling out veterans for special treatment indulges criminal behavior and risks establishing a two-tier system of justice. Most U.S. courts don't have rules on giving veterans special consideration, says Doug Berman, a law professor at Ohio State University. But in North Carolina, if a defendant was honorably discharged from the military, judges must use that fact as a mitigating factor at sentencing. And in several states, including Tennessee and Louisiana, courts have ruled that judges are allowed to use prior military service to lessen a sentence.

There are no special courts for veterans in the federal court system. Current sentencing laws allow federal judges to take into account a defendant's "history and characteristics," though some judges choose not to. But momentum for special treatment is growing. Since last year, about 16 counties and cities -- from California's Orange County, to three cities in western New York, have started veterans courts, according to the National Association of Drug Court Professionals. Three counties in and around New York City launched similar programs in July, and state legislatures have approved the formation of such courts in places such as Harris County in Texas and the state of Nevada... After veterans complete treatment, some prosecutors' offices drop the criminal charges as long as the veterans didn't have a prior felony conviction. Many veterans who get probation in special courts would almost certainly have faced prison time under normal circumstances...

Some legal experts worry the movement could result in special consideration for all veterans, regardless of whether their criminal conduct was influenced by their military service. "What we think goes over the line is the creation of two separate systems based solely on somebody's status," says Allen Lichtenstein, the general counsel for the American Civil Liberties Union in Nevada. "Police are under particular stress -- should there be a court for them?"...

[valerief]

1. Should they be treated like Blackwater employees? nt

[evan2]

2. No one should even be arrested for a victim-less crime. By

definition, shouldn't an act that is an arrestable offense have to include a victim?

[Forkboy]

3. In general I have no problem with this.

I think this consideration for mental illness should be a given when applicable, veteran status or not.

[Nikki Stone1]

5. But are they making the exceptions for mental illness?

If so, then you're right that the exceptions for PTSD (etc.) should be made across the board.

[Forkboy]

7. Unevenly would be my guess.

:shrug:

[evan2]

6. Don't you agree that anyone who commits a real crime has a

mental problem?

[Forkboy]

8. No.

Some crimes are just stupidity. Some are crimes of passion that happen in a moment of anger and have nothing to do with any real mental illness, just loss of control.

[jtrockville]

4. Our veterans have earned special treatment.

We don't do nearly enough for them.

They receive preference for goverment jobs and health care. I hope there are other special considerations too (which fail to come to mind at the moment).

Frankly, vets shouldn't have to commit a crime to get psychological treatment. Shouldn't the military be responsible for giving proper assessments and treatment as a matter of course? If they didn't, should we punish the very people who were willing to risk their life for us?

[evan2]

9. I understand your point, but really, if we want a more peaceful

planet, why should we do anything that would make serving in the military seem any more tolerable than it absolutely has to be?
EXCEPT when our country has been attacked...and I don't mean via a false flag operation like 911.

[jtrockville]

12. Well I agree, and while I've never served

or seen combat, I have spoken with some who have. In a perfect world, serving in the military would be a psychological boost - you served your country! That's a honor - something to be proud of!

But I'm afraid in reality, folks don't exactly get a boost. So in cases where service has done psychological harm, doesn't society (via the courts) have a duty to ease the burden (via treatment) if the military didn't?

[HBravo]

10. This wouldn't happen

if the military did a better job of post interviews of those who are leaving the military.

Hope everyone has a Happy and Safe New Year!

[no_hypocrisy]

11. The Fort Hood Shooter was a veteran. Still agree?

[evan2]

13. Major Hasan may not be...

exactly what we've been told. He just might well be a Patsy and only one of three shooters who shot at innocents.

[LiberalFighter]

14. The fact they are military veterans should not give them preference.

But the fact their service may be the cause of their behavior should be considered. Just like others that haven't committed a crime before or have factors that suggest leniency should be considered.

And there should not be courts just for veterans. If they commit a crime in civilian life they should go through the same process and court as those who didn't serve.

[Arctic Dave]

15. Not no, but hell no.

People go through all kinds of different types of trauma in their lives that they didn't volunteer for. If you give one special treatment, you better give it to all.

[Obamanaut]

17. This response deserves a 'rec' nt

[Downtown Hound]

16. I have no problem with it for non-violent crimes

The thing is, I think non-veterans should be given the same treatment for non-violent offenses.

[tabasco]

18. Marijuana is excellent for relieving PTSD

Many vets get in trouble for it.