Staff Sgt. Robert Bales...your thoughts?

[Jennasis]

Such a tragic story all around and with a lot of possible ramifications if it isn't handled correctly. So what are your thoughts? Should he be tried here with a military trial? Should he face charges back in Afghanistan?

Today it was revealed that he owes over a million dollars for financial fraud back from his days as a stock trader. http://www.washingtonpost.com/world...ancial-fraud/2012/03/19/gIQA4Ni2NS_story.html

For anyone who hasn't been paying attention, this is the soldier who walked off of his base in Afghanistan and murdered 16 people including 9 children in their homes.

 

[wvjules]

He should face charges in Afganistan, IMO.

If a foreigner commited a crime here, where would you want them tried? Here where the crime was committed or there where he is from?

 

[eliza61]

Just my take. WARNING! My crystal ball is as fuzzy as everyone elses, I do not have any other information than what I read in the papers.

1) I think he unfortunately "snapped"
2) I think he will face a military jail. Jules, you do have a point but in general military personnel will be the exception.
3) I think he will be found guilty and sentenced to death. Unfortunately this has too many ramifications. The Afganistans are not going to accept any thing less. 19 people mainly women and children murdered in their sleep is not going to be easily smooth over.

 

[Sgt Mickey]

Well, he could really be punished by both. The military could still punish him after civilian authorities (if they did it that way)!!!

They could give him the death penalty from the military...so if he wasn't punished there do people feel he will get off easier here?????

I sort if feel he should be punished here becasue I really feel despite all these other factors coming out sending someone on repeated deployments does something to you. He was in Iraq in 2010 and received a brain injury. NO excuse BUT is the Army just pushing people through OR making sure they are really ready to go
I do think he should get punished full extent. How can you know matter how messed up look at an innocent child and shoot them. BUT maybe this will give the Army a wake up call up their in Washington. If they don't change their ways this will not be the last time it happens.

 

[DeaverTex]

I would be very hesitant to turn him over to the Afghani authorities for trial. I'd be concerned that the trial would be less about justice than about vengeance, and it would certainly become a media circus for everybody. The Karzi government might try to walk the line between appeasing its own people and not alienating the US -- or it might not. Plus, if he were to be sentenced to execution, as one PP deemed likely (and I agree) I don't know that the State Department could refrain from stepping in.

He should be tried in Afghanistan by a US military court. The UCMJ provides all the firepower needed to prosecute, try, and sentence if necessary. The Afghans would be present for all of it, and probably furnish many if not most of the witnesses.

My own inclination is to throw him under a bus somewhere, but that's not what justice is about.

 

[Lots-o-Huggin]

He should face charges in Afganistan, IMO.

If a foreigner commited a crime here, where would you want them tried? Here where the crime was committed or there where he is from?

I prefer our constitutional system to whatever they've patched together over there. Fair or not, I'd rather him be tried here.

 

[wvjules]

Just my take. WARNING! My crystal ball is as fuzzy as everyone elses, I do not have any other information than what I read in the papers.

1) I think he unfortunately "snapped"
2) I think he will face a military jail. Jules, you do have a point but in general military personnel will be the exception.
3) I think he will be found guilty and sentenced to death. Unfortunately this has too many ramifications. The Afganistans are not going to accept any thing less. 19 people mainly women and children murdered in their sleep is not going to be easily smooth over.

I agree with everything you stated.

I figure since he is military that will make him face a military trial here. That complicates it a bit. However, if he were just the average Joe that committed a crime then the punishment should be doled out in the country in which the crime happened.

 

[jlewisinsyr]

Afghanistan is a sovereign state with a valid government, they should have the right to try those who commit crimes in their state. We would hold those who commit crimes in our country no differently. Just because we do not agree with their government style, their laws and ways for persecution, doesn't mean they have no rights to hold those who commit crimes responsible.

Unfortunately I think the general consensus in this case is that because he is a military personnel he is exempt from being charged in another country. Which will be what his lawyers, the US military, etc. will demand, preventing a trial in Afghanistan (or if there is a trial, he will not be present and will not be punished under their law).

 

[wvjules]

I prefer our constitutional system to whatever they've patched together over there. Fair or not, I'd rather him be tried here.

I would prefer 'fair" though.

 

[Christopher Robin]

Tried under UCMJ

Oh...and

 

[kellyg403]

Unfortunately, with the only information being gleaned from the news, I am thinking the Afghans should have the ability to try him as well. We have spent how many years trying to help them get their gov't up and running and now we tell them but it doesn't count when it comes to one of ours?

The guy seems to have a pretty illustrious career as a scam artist/con if everything is to be believed. I am sure that his lawyer/military will try and sentence him. But, he will fall under that PTSD stance, and he will be considered having a mental issue with a life in prison. I don't agree he will be sentenced to death.

This whole incident is so tragic. If a foreign national, military or not, did something like this I would want him tried in our country and face the laws of this country. Even if it meant taking the death penality off the table to make sure they receive justice. Same could be applied. American gov't will turn him over IF certain punishments are taken off the table. I don't think that is happening and why he is not being turned over. And being military does change that as well. I can understand both sides on this one.

Kelly

 

[eliza61]

I would be very hesitant to turn him over to the Afghani authorities for trial. I'd be concerned that the trial would be less about justice than about vengeance, and it would certainly become a media circus for everybody. The Karzi government might try to walk the line between appeasing its own people and not alienating the US -- or it might not. Plus, if he were to be sentenced to execution, as one PP deemed likely (and I agree) I don't know that the State Department could refrain from stepping in.

He should be tried in Afghanistan by a US military court. The UCMJ provides all the firepower needed to prosecute, try, and sentence if necessary. The Afghans would be present for all of it, and probably furnish many if not most of the witnesses.

My own inclination is to throw him under a bus somewhere, but that's not what justice is about.

And the Afghanis are afraid of the opposite. They feel he will get off lightly because America is so anti muslim. They have already polls showing that he should not be judged harshly because of all the things the Taliban has done to America soldiers.

I think we are worried that Karzi will have to appease his country men. he's already been very vocal about not getting cooperation from the US.

 

[Holly]

If the facts end up showing that the military sent this man back into combat after a diagnosis of a traumatic brain injury or something like post-traumatic stress disorder, does anyone feel that it lifts some of the culpability off of the individual and places it on the machine? If so, should our government make more of an effort to be the one to decide his fate?


I don't have enough information to form a strong opinion one way or the other, but that is the question I've asked myself.

 

[Lots-o-Huggin]

I'm not a scholar of their laws. What type of punishment might a convicted murderer expect? I assume capital punishment, but by what means?

 

[chiefmickeymouse]

He'll be tried under the UCMJ. He will probably get the death penalty. I feel so sorry for this guy's family, the families of the people he killed and just the whole situation. Tragic.

 

[gwynne]

The US Government and the Army will prosecute this case in accordance with the UCMJ (Uniform Code of Military Justice) and the current Status of Forces Agreement with Afghanistan. That SOFA states that American Military members aren't subject to the Afghan criminal justice system.

Based on the above info, my take is that Bales will never go back to Afghanistan. He'll be tried here. And I do think this will be a death penalty case.

 

[kellyg403]

If the facts end up showing that the military sent this man back into combat after a diagnosis of a traumatic brain injury or something like post-traumatic stress disorder, does anyone feel that it lifts some of the culpability off of the individual and places it on the machine? If so, should our government make more of an effort to be the one to decide his fate?


I don't have enough information to form a strong opinion one way or the other, but that is the question I've asked myself.

This is actually one of the things I was wondering as well.

The US Government and the Army will prosecute this case in accordance with the UCMJ (Uniform Code of Military Justice) and the current Status of Forces Agreement with Afghanistan. That SOFA states that American Military members aren't subject to the Afghan criminal justice system.

Based on the above info, my take is that Bales will never go back to Afghanistan. He'll be tried here. And I do think this will be a death penalty case.

I know nothing about the UCMJ, but would they not take into consideration the PTSD/brain injury during the sentencing/punishment phase?


Kelly

 

[happygirl]

I feel horrible for the victims of this tragic shooting, However, I feel like this man was out of his mind. I feel like he snapped.

 

[gwynne]

I know nothing about the UCMJ, but would they not take into consideration the PTSD/brain injury during the sentencing/punishment phase?


Kelly

JMO, that would probably be one of the avenues of defense that his attorney may consider.

 

[jujube]

If the facts end up showing that the military sent this man back into combat after a diagnosis of a traumatic brain injury or something like post-traumatic stress disorder, does anyone feel that it lifts some of the culpability off of the individual and places it on the machine? If so, should our government make more of an effort to be the one to decide his fate?


I don't have enough information to form a strong opinion one way or the other, but that is the question I've asked myself.

If this is found to be the case, then he should never have been sent back and the guys who did send him back should be held culpable.

If you ask me and I won't get into too much but the guys on Capitol Hill are the ones who should be on trial. These poor guys like Staff Sgt. Robert Bales have to serve multiple duties and sometimes they crack up. I'm surprised this doesn't happen more often. As for sending him to Afghanistan, no. They would make it a big publicity thing and the last thing we need is a rah rah party of people showing how much they hate us. We should pull out of there and let them fight it out amongst themselves.