We all know that military life is way different than civilian life. The same applies with military law compared to civilian law. The U.C.M.J. (Uniform Code of Military Justice) is very different than civilian law. Also procedures in the civilian judicial system is totally opposite of the military procedures. Some times it may take awhile for someone to get used to Military Law and the military way of doing things. Some never get used to either. Here are some of the differences.
There was a case where this E-7 (Sergeant First Class) had been molesting his step-daughters for several years. The case was a terrible case, though not uncommon in society. I was driving down one of the Post streets when, low and behold, I see this E-7 walking around unescorted. I thought, what in the world, (nicer version) is he doing walking free and unescorted? He should be locked up! I turned my vehicle around and headed back to the office. I found the C.I.D. Agent that was handling the case and told him what I saw. I could not believe the response! He said, So! I said, What? He's a child molester. How in the world is he allowed to walk free and unescorted? What makes you think he will not return to his residence and attack the girls again or even try and find another victim in post housing. How can they let him walk free for what he did? He's not under escort or in lock up because he stated that he will not approach the step daughters or go anywhere he's not supposed to. I asked how can they be assured that he will comply? What I received as an answer made me wonder if I had entered the twilight zone. He told us that he would obey the order and he's an E-7. His rank attests to his word. My last statement before I left was, "His rank didn't prevent him from molesting his step kids!" In the real world he would have been sleeping in the grey bar hotel.
Each military installation has an Installation Detention Facility (I.D.F.). Basically it's the post jail. The jail is run by the Correctional Side of the Military Police. When we have identified a subject in a crime, have arrested the soldier and charged them with a crime he does not go straight to jail but an N.C.O. (Non-Commissioned Officer) E-7 (Sergeant First Class) or above in rank must sign for the subject. The N.C.O. then takes the soldier back to the unit and they are basically under house arrest at night. During the day the soldier is not under as close a watchful eye. There was one case where I charged a soldier with selling his military gear and possession of marijuana. He of course was sent back to his unit for them to watch him. Well during the day while he was not being watched he went into his units barracks and stole a necklace from another soldier. Another Investigator received that case and he charged the soldier with theft. Now because this guy was continually getting into trouble his Commander wanted the Soldier placed into I.D.F. Well, after about 16 hours in I.D.F., J.A.G.(the military attorneys) determined that the unit commander could not hold the soldier in I.D.F. because he was not a violent offender so there for could not stay in I.D.F. I just don't get it!
There was a period of time that the post had a severe run of night time burglaries. The break-ins had been going on for about a week and was moving into the second week when one of the investigators got a lead on who was doing the burglaries. In fact I had a couple of cases during that time of beak-ins at a couple of unused buildings. Each day there were more buildings reported as being hit. Going into the 3rd week we finally decided to have a man hunt for this soldier that was committing the break-ins. We did not know what this soldier look like so we involved his unit into the man hunt. Each unit had a member of the unit with them so that the individual could be identified. Around 1800hrs we all hit the road to look for the suspect. About 2200hrs we received a report from a member of the unit indicating that the suspect was at a recreation room. The car that I was in responded to the location. We were greeted by the unit member who showed us where the suspect was. The suspect was asleep on a couch. The other investigator with me and I sneaked up on the suspect, I headed for the shoulders and the other Investigator headed for the waist. As if it was a choreographed dance move, we picked up the suspect at our respective locations and dropped him on the floor and pinning him. All of this while the other investigator was reading him his rights and another was handcuffing him. He did not know what hit him. One moment he was peacefully dreaming, probably about his next break in, and the next he was dreaming he was getting busted. No, that was a reality wake up. Since there were several, more than 50, break-ins, C.I.D. also became involved. As soon as he was taken into custody, C.I.D. took him from our custody and took him back to the office. They would not let us interrogate the suspect. They just took over, even after our loud protests. The C.I.D. Agents took the suspect into an interrogation room. After about two hours they came out and told us he confessed to all of the break-ins. We asked for his Miranda waiver and a copy of his confession for our cases. They told us that they did not Mirandize him. They made a deal with him that if he were to confess to all the break-ins that they would have him discharged within 16 hours and have him on a bus anywhere he wants to go in the U.S. He agreed and spilled his guts. I asked the Agent why no Miranda and no written confession? He told me that they just wanted the confession and to get him discharged and off post. I told him that we can't get a conviction on this case. He said we don't need a conviction, that our putting the Soldier as the Subject of the crimes is good enough. I said, "No way, that's crazy." The Agent was getting mad at me because I was not accepting what they did and he basically told me that that is the way it's going to be. Within 8 hour the suspect had been run through the discharge process and put on a bus to Illinois. I commented to my team leader that all we are doing is throwing these criminals in the laps of the civilian authorities. He basically told me that he is their problem now. I just don't get this.
One evening as the duty Investigator I was patrolling the post. Just driving aimlessly. Over the radio came a radio call from the on duty C.I.D. Agent that there was a rape that had occurred in the barracks of a certain unit. I went by the Emergency room where the Agent and the victim where. I received a brief briefing by the Agent as to which unit was involved. The information I received was that this female dependent had been raped by multiple individuals. The unit was located and the suspects were brought to the office. There were about eight Soldiers involved. The C.I.D. Agents started to interview the suspects concerning the incident. After the evaluation at the E.R. was completed the victim was also brought to the office. I was tasked with keeping an eye on the witnesses and the victim after she was interviewed. After a couple of hours the victim and her friend were allowed to leave. I then talked to the Agent in charge of the investigation. She indicated that the case turned out to not be a rape. What happened was the dependent was a a club and met another soldier. Her husband was stationed in Korea. The soldier that she met in the enlisted club took her to his barracks and had sex with her. She then stated that she wanted to do group sex and the soldier got his roommates to participate and take their turn. Then the word went out to the floor that if anyone wanted to participate she was willing. Afterward she left the barracks and went to a girl friends house. She told the girl friend what she did. The girl friend stated that she was raped. The victim indicated that it was not rape. The girl friend insisted it was and took the victim to the hospital and then called the Military Police the victim did not want the Military Police called. The suspects confirmed the events that transpired in the victims statement. Oh! The victim did not let the soldiers know she was married. So I asked the Agent if they were letting the soldiers go. The Agent said No they weren't and they were charging the soldiers with adultery. I was shocked that they were going to be charged. I told the Agents that the soldiers did not know she was married. They said, SO! I was told that since it wasn't a rape that they were not going to close a case without subjects and eight was a good case solve when there would only have been one. I was mortified. I couldn't believe it. A little used article (criminal section) in the U.C.M.J, like spitting on the sidewalk, was going to make C.I.D. look good and ruin the lives of eight soldiers, all because there was no rape. I don't get this.
There are two branches of Military Police, there is the Law Enforcement Branch and the Correctional Branch. The Correctional Branch takes care of sites of incarceration like the Military Section of Fort Leavenworth, KS and Instillation Detention Facilities on Army Posts. During my time in the Army there was an extreme amount of crime in comparison to the amount of personnel on Post. A majority of the crime was by the soldiers themselves against the military, other soldiers and military dependents. The next area committing crime was military civilian employees and military dependents. The last category were civilians not affiliated with the military. This last category were mostly involved in the drug trade, mainly as suppliers to the military dealers on post. The category that was of surprise was that of military personnel being criminals. I truly can understand those who feel that they cannot cope with the stress of military life either in peace or war to escape that stress through drugs. I do not condone the use of drugs, I just understand why some may turn to the usage. What I don't get is the criminal activity by members of the military against other members of the military. Yes, the military may not pay the lower enlisted a full livable wage, yet that does not give a soldier the right to prey upon other members of the military, the military itself or even members of the society that they have sworn to protect. I understand that no one and no place is exempt from experiencing criminal activity. Yet there is a larger criminal activity on a military instillation. Members of the military are very dependent upon each other for their survival. They are trained in team work and to look out for each other. This idea flows so deep into the military DNA that there are sayings like, "All in, all out", "no one gets left behind", "everybody comes home", and training includes carrying out wounded and the dead. If the dead are too numerous to be carried out the survivors the grid coordinates would be recorded for future recovery and a dog tag would be taken for proof of death. Why in the world would a person steal or commit another crime against the person who could possibly save their life? Why do something to the person who is to remember where you may have fallen or have the ability to call for help in the behalf of the criminal? I just don't get it! Also at all of these Army Posts, the reason I don't say this for the other branches is I don't know what their practice is and only know of the Army's practice, all of these I.D.F. sites practically lay empty. The Military Police Correctional personnel are basically there without the joy of a busy place. The Army, percentage wise, does not incarcerate a lot of soldiers who commit crimes. An extremely small amount get sent to the I.D.F. Most are either kept in the company area with loss of privileges or discharged from the military. The M.P.C. soldiers are trained in maintaining a detention facility and yet these facilities lay empty for the most part. Those who are discharged are sent anywhere they want to go in the U.S. on their own dime. The local authorities don't ever know that the military has sent a convicted soldier into their midst. If the procedure hasn't changed, which I don't think it has, the civilian law enforcement authorities cannot access the criminal background of a former member of the military. If the criminal soldier has a method of operation to their criminal activity or have a propensity to a certain criminal activity the civilian authorities will never know unless they come into contact with someone who served with the soldier and knows of the criminal activity, the soldier was convicted in federal civilian court or a local civilian court, or someone they know is aware of the criminal activity in the past. Other wise no one will know. Also if the soldier never declares that they were in the military they will never have to produce a DD-214, proof of military service, and the employer would never know the type of discharge. I don't get this.
