"Miscarriages" of military justice

I was watching Jaws on TNT this morning, and Quint’s monologue about the Indianapolis sent me off to read more about it.

I had never heard the story of Captain Charles Butler McVay III until reading the wikipedia article about the loss of the Indianapolis. Nor had I heard of the 12 year old boy, Hunter Scott who’s research for a history project in 1998 ultimately resulted in posthumous clearing of Captain McVay’s name.

What a clusterf*ck…

So I’m interested in hearing about other such extremely questionable ethics involving the judicial systems of the world’s military.

I heard that a load of “deserters” were shot by the UK Army during the First World War. In actual fact they were suffering from shell shock, which was little understood at the time.

The Navy’s attempt to blame Clayton Hartwig for causing the gun turret explosion on the USS Iowa in 1989 was a disgrace.

What about the Dreyfus Affair: http://en.wikipedia.org/wiki/Trial_and_conviction_of_Dreyfus

The execution of Admiral Byng.

The Iraq prisoner abuse scandal. There are memos all along the chain of command telling people that torture is okay and in some cases actually describing torture techniques that should be used.

The low level people get courtmartialed and the generals are cleared of any wrong doing.

The White House lawyer that wrote the main memo is now the AG.

This is from Chuck Shepherd’s News of the Weird:

1994 – A Philadelphia Inquirer analysis in December questioned military rulings that suicide was the cause of at least 40 recent deaths of U.S. servicemen. The newspaper quoted former military investigators who said they were “stunned” or “astonished” at how shoddy some of the 40 investigations were, and how the military often calls hard-to-solve cases suicides just to close them out. In one case, a military policeman’s death was ruled a suicide two days after he was found shot to death in the head with his hat stuffed in his mouth, his handcuffs attached to his wrists, his holster wrapped around his ankles, and a car radio cable tied around his neck.

Well, that seems completely plausible :dubious: . I mean…haven’t you seen the movie The Life of David Gale?

wtf??? :confused:

I’ll see you this, and raise you the prisoner abuse in Afghanistan. What the fuck is going through the minds of the chain of command??

I’ll add the treatment of Commander Lloyd Bucher after the U.S.S. Pueblo incident. While he might have been negligent in failing to have a plan to dispose of classified materials, the accusations leveled against him for having signed a false confession to free his men were way off base, considering that the U.S. Government did the same thing to get the sailors back. I didn’t realize he had passed away last year.

The execution of Mary Surratt by military tribunal for owning a boarding house

Saint Cad, why you focus on Mary Surratt, and not mention Dr. Mudd is beyond me. Frankly, given the evidence I’d read when I first got interested in the Lincoln assassination it seemed pretty clear she knew that Booth was in Washington for something to aid the Confederate cause,a nd that she and her daughter had been active in espionage for the Confederacy. It is less clear whether she knew he’d intended to murder Lincoln. Having said that, Dr. Mudd was hanged for the crime of treating a man with a gunshot wound, before the outlaying town he was in had been notified of the Assassination of the President. Personally, I don’t see the Mary Surratt’s death was a gross miscarriage of justice. I do think that Dr. Mudd’s was.

On a personal note - during my time in service I saw one incident that supports bluethree’s cite. A man was found dead in one of the shipboard offices, apparantly strangled with the cord of a telephone cord. It was ruled a suicide, and the workspace was ordered cleared before any serious investigation was done. (IIRC within about two hours of the body being found.) The family tried, for years, to find anyone to talk to about their theories for who may have murdered him instead, but none of the theories I’d heard made any sense to me. (Their favorite suspect was someone whom I had trouble imagining doing any of the things that they accused him of doing.) Which doesn’t make the official story any less fishy looking. It’s possible, but no one can come up with a convincing reason for suicide, either.

A less drastic miscarriage of justice involved another friend of mine. Our ship’s engineering department had something of a morale problem. Anyone who knows the US Nuclear Power program knows that any time something goes wrong there is a lot of pressure to provide a single person at fault. This has the potential to evolve into a witch hunt, and not a serious investigation of what went wrong. The new ship’s XO came aboard and decided he’d do something about M-DIV’s morale. So he arranged interviews with everyone in M-DIV and prefaced each interview with a promise that nothing said during said interviews would be punished. Well, one of my buddies, who’d been in for about 5 years, was a bit tense talking to the XO. So, LCDR Dixon (His real name. He knows no one on the Virginia at that time will ever trust him again.) asks why my buddy was mad. He replied, I’m not mad, just tense. So the XO asked for an explaination. And reminded my buddy of the promise of no repurcussions. So my buddy said, I just don’t like officers.

Within 24 hours he was off the ship.

I’m not saying I expect the XO to have been happy hearing that statement. But with all the promises made, he shouldn’t have acted on it.

Instead, my buddy was denuked - that is he lost his nuclear power plant operator classification, which meant his pay dropped $275 a month, and transferred to another ship as soon as the paperwork could be completed. Which was about a week after he was taken off the ship. Just to make things even more infuriating, this was during a period of no effing mail, because, we were told, they couldn’t get a supply ship down to us. But they got one to take my buddy off, and still no <censored> mail.

Let’s just say, as a means of fixing M-DIV’s morale problem, this tactic failed miserably.

Oh, and I don’t much trust officers, myself, now. :wink:

Dr. Samuel Mudd wasn’t hanged; he was sentenced to life imprisonment, and pardoned in 1869.

Whoops. For some reason I’d always thought he’d hanged. Grrr…

Thanks for the correction.

(I still think he was unfairly convicted, but… that’s neither here nor there.)

The movie *Breaker Morant * is an excellent depiction of the court-martial of three Australian officers by the British Army during the Boer War. It’s based on a true story, and is still relatively controversial. Morant, Handcock and Witton were prosecuted for executing Boer prisoners without a trial and for killing a German priest whom they suspected of espionage. Some say Morant and his two comrades were war criminals, others say they were following orders in a guerilla war who became “scapegoats of the Empire.” I highly recommend it.