This page is no longer updated, and is the old forum. For new topics visit the New HOL forum.
Register | Edit Profile | Subscriptions | Forum Rules | Log In
Hoof Hearted 10 Dec 15 11.39am | |
---|---|
The link is to an article I very much agree with as I believe he was harshly treated. A good mate of mine is an fitness coach in the Marines and forwarded to me the following statement by one of the Marine's senior officers submitted on Sgt Blackman's behalf for his appeal ... Sergeant Alexander Blackman Royal Marines
|
|
Alert a moderator to this post |
rob1969 Banstead Surrey 10 Dec 15 12.50pm | |
---|---|
Excellent article. Edited by rob1969 (10 Dec 2015 12.51pm) Edited by rob1969 (10 Dec 2015 12.57pm)
|
|
Alert a moderator to this post |
jamiemartin721 Reading 10 Dec 15 1.38pm | |
---|---|
I think that this underlies the problem of court-martials for such offences, rather than trials. The right of a fair trial, before a jury of his peers, would seem to be the better approach when charged with a crime of such magnitude. Of course, country to that statement, its not actually legal to perform a mercy killing, even assisted suicide is unlawful. Even if its a kindness. Also there would be some question I assume on whether the individual in question is sufficiently qualified to determine whether someone is or is not mortally wounded. As well as the actions before and following the incident by the individual. The problem of Sgt Blackmans case is that he is actually, by his own admissions and evidence, guilty of the crime as defined under military law (I think). The reality may very well be that his only real crime was being caught. But I think a trial by jury should have been the first option.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
Alert a moderator to this post |
jamiemartin721 Reading 10 Dec 15 1.40pm | |
---|---|
Quote rob1969 at 10 Dec 2015 12.50pm
Excellent article. Edited by rob1969 (10 Dec 2015 12.51pm) Edited by rob1969 (10 Dec 2015 12.57pm) That isn't really legally feasible unfortunately, as criminal law is about personal actions and failures, not the assumed moral culpability of others.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
Alert a moderator to this post |
rob1969 Banstead Surrey 10 Dec 15 2.08pm | |
---|---|
Quote jamiemartin721 at 10 Dec 2015 1.40pm
Quote rob1969 at 10 Dec 2015 12.50pm
Excellent article. Edited by rob1969 (10 Dec 2015 12.51pm) Edited by rob1969 (10 Dec 2015 12.57pm) That isn't really legally feasible unfortunately, as criminal law is about personal actions and failures, not the assumed moral culpability of others. 1/You are proving my point made in my first sentence.
|
|
Alert a moderator to this post |
npn Crowborough 10 Dec 15 2.13pm | |
---|---|
The only other option would appear to have been to let him die where he lay in his own time, slowly and potentially painfully. Tough call, and no mistake. Although, in the interests of fairness, did the soldier in question ever say, or imply, that it was a mercy killing?
|
|
Alert a moderator to this post |
jamiemartin721 Reading 10 Dec 15 2.42pm | |
---|---|
Quote rob1969 at 10 Dec 2015 2.08pm
Quote jamiemartin721 at 10 Dec 2015 1.40pm
Quote rob1969 at 10 Dec 2015 12.50pm
Excellent article. Edited by rob1969 (10 Dec 2015 12.51pm) Edited by rob1969 (10 Dec 2015 12.57pm) That isn't really legally feasible unfortunately, as criminal law is about personal actions and failures, not the assumed moral culpability of others. 1/You are proving my point made in my first sentence. Which is only relevent in terms of whether an offence has been committed, in how it affects the individuals capacity for making judgements (ie sound mind) and in terms of mitigation. A system of law requires certain criteria to be proven for a conviction to be handed down (its harder to get a conviction in a court of law than a court martial, as reasonable doubt applies far more significantly). I'm unsure of whether he is or isn't guilty, or even if the individual killed was mortally wounded (or even if Sgt Blackman could be reasonable in that diagnosis - or even capable) - but that's irrelivent. Even if someone is dying by the side of a road traffic accident it would be a crime to put them out of their misery, even if you were traumatised by the accident. That's why a proper trial is required, not because I think Blackman is or isn't guilty, but that only a jury of peers can really make that decision, based on a defence and prosecution.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
Alert a moderator to this post |
jamiemartin721 Reading 10 Dec 15 2.48pm | |
---|---|
Quote rob1969 at 10 Dec 2015 2.08pm
Quote jamiemartin721 at 10 Dec 2015 1.40pm
Quote rob1969 at 10 Dec 2015 12.50pm
Excellent article. Edited by rob1969 (10 Dec 2015 12.51pm) Edited by rob1969 (10 Dec 2015 12.57pm) That isn't really legally feasible unfortunately, as criminal law is about personal actions and failures, not the assumed moral culpability of others. 1/You are proving my point made in my first sentence. I do agree with the first point, however the law is pretty unequivocal about actions of revenge, passion, anger etc. They're not legal, they may be cases for mitigation of sentence or establishing capacity, but they aren't and never could be grounds for dismissal. That someone might have been in a life and death situation, against an enemy that tortures and murders its prisoners, doesn't morally justify unreasonable actions or force. That can't work in any system of justice, as it would invariably condone 'murder' - not that I'm saying Blackman is a murderer, but that you cannot have a system in which homicide can be justified other than in reasonable self defence.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
Alert a moderator to this post |
elgrande bedford 10 Dec 15 3.02pm | |
---|---|
Brilliant article Hoof,thanks for posting it. Assaid on here it is easy for these pen pushing tossers to say things.
always a Norwood boy, where ever I live. |
|
Alert a moderator to this post |
jamiemartin721 Reading 10 Dec 15 3.20pm | |
---|---|
Quote elgrande at 10 Dec 2015 3.02pm
Brilliant article Hoof,thanks for posting it. Assaid on here it is easy for these pen pushing tossers to say things. No one is saying that, I'd say he deserves a fair trial, not a court martial. I think its fair though to say that its difficult to say that a court martial was an affair of 'pen pushers' who don't know the first thing about being a solider etc. I think anyone who's reasonable, understands how adrenaline works (even if they've not been shot at) and that it lasts well after the event. The court martial aquitted two others. I don't think we can just do away with their verdict because we don't like it, but that it is fair to say that maybe a jury trial would do away with some of the questionable denial of witnesses etc. The prosecution case has some evidence that would need to be addressed as well, that seems to suggest they believe his actions were deliberate and calculated, and had nothing to do with being a mercy killing. Hence the need for a trial maybe.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
Alert a moderator to this post |
Registration is now on our new message board
To login with your existing username you will need to convert your account over to the new message board.
All images and text on this site are copyright © 1999-2024 The Holmesdale Online, unless otherwise stated.
Web Design by Guntrisoft Ltd.