Japan wants a SOFA change; right to keep criminal suspects

[Spadesy]

Originally Posted by canjap02

Hey the crime is off bases, Im all for the JPs having him/her. Just cause your military doesnt mean you shouldnt be punished by the local law.

If a JASDF member robbed an old lady in L.A. etc. americans would want him/her convicted by local laws. Its just the same.

I agree, but the reason I think the U.S wants jurisdiction so badly is because military members are considered to be government assets...let's say a Special Forces guy does something retarded out in town and he gets put away for "X" amount of years. That's hundreds of thousands of dollars of training that just went down the tube, because he got drunk an assaulted a local. The military won't want to keep paying him until he gets out, several months/years later, it's a waste of taxpayer money.

Still...got no problem with this, personally. I don't do anything outright illegal so I don't have jack to worry about.

[Jazz]

[Jazz]

**** yo couch ni88a!

[Richard Burns]

Originally Posted by Spadesy

I agree, but the reason I think the U.S wants jurisdiction so badly is because military members are considered to be government assets...let's say a Special Forces guy does something retarded out in town and he gets put away for "X" amount of years. That's hundreds of thousands of dollars of training that just went down the tube, because he got drunk an assaulted a local. The military won't want to keep paying him until he gets out, several months/years later, it's a waste of taxpayer money.

Still...got no problem with this, personally. I don't do anything outright illegal so I don't have jack to worry about.

Actually when you're in jail your pay stops. It's called (in custody of local authorities) or something of that nature.

Once convicted, it's ran in 3270, all pay and entitlements stop, they are still technically "in the military" but that's only so they can be released to base where the command has their OTH discharge orders and they're on a plane to Pendleton to sep out.

That's if the military don't decide to charge him which they can and it's not double jeopardy since he wasn't charged under the UCMJ.

[Spadesy]

Originally Posted by Richard Burns

Actually when you're in jail your pay stops. It's called (in custody of local authorities) or something of that nature.

Once convicted, it's ran in 3270, all pay and entitlements stop, they are still technically "in the military" but that's only so they can be released to base where the command has their OTH discharge orders and they're on a plane to Pendleton to sep out.

That's if the military don't decide to charge him which they can and it's not double jeopardy since he wasn't charged under the UCMJ.

Depends on the situation. I know LCpl Daniel Smith (remember the guy in the Philippines who got accused of rape, arrested, and was later released after it turns out the girl was a ho-bag who lied?) got paid while in prison, but spent most of his pay on an attorney.

[Richard Burns]

Strange. Because I actually ran that code into UDMIPS before.

[Crazysix]

This funny....but will never happen, this would undermine the purpose of part of the entire Idea of SOFA status....... then again if a member was tried and found/ innocent or charges drooped, would the member be allowed to finish his or her term of service.....because then Double Jeopardy would enter the equation

[Hisashiburi]

Originally Posted by Richard Burns

Actually when you're in jail your pay stops. It's called (in custody of local authorities) or something of that nature.

Once convicted, it's ran in 3270, all pay and entitlements stop, they are still technically "in the military" but that's only so they can be released to base where the command has their OTH discharge orders and they're on a plane to Pendleton to sep out.

That's if the military don't decide to charge him which they can and it's not double jeopardy since he wasn't charged under the UCMJ.

We had a guy get a DUI off post...paid his fine to GOJ. CC couldn't art 15 him, cuz it woulda been double jeapordy. So I gotta call bs on this. Kid got off with a LOR. This was less than a month ago, onna my troops. I was in the shirts/ccs office for the "punishment"

[Richard Burns]

You're wrong.

They can charge you again under the UCMJ. They may choose not to but they can.

Even in the states if you're convicted off base (the state) you can be charged again under the UCMJ (federal). It's not double jeopardy that way.

[CPOCPO]

Originally Posted by Richard Burns

You're wrong.

They can charge you again under the UCMJ. They may choose not to but they can.

Even in the states if you're convicted off base (the state) you can be charged again under the UCMJ (federal). It's not double jeopardy that way.

Richard, you're second post in this thread was actually right on...

The post about your pay automatically stopping if you are in jail only applies if you were confined for over 6 months (automatic forfeitures) or if the judge/panel adjudicates a forfeiture. A dude getting 5 months will still be paid in full (though he probably had rank taken as well, so his paycheck might be a little smaller...)

Double Jeopardy- Even I am a little confused on what the actual rules on this matter are... I can tell you in practice , if one gets a DUI (caught by the Japanese) the US will only add a GOMOR to what the Japanese gave him because a GOMOR is administrative (and thus NOT punishment), not UCMJ punishment.. However, and I'll get more guidence on this, I understand that tecnically the US could give an A15 though the punishment given would have to be off-set by what the japanese already gave- for example if there was a $3000 fine given by the Japanese and that's it, I believe, (not sure) the US could still give an A15, take rank, give extra duty but not take $500 pay for 6 months as that $3000 was already adjudicated...


and as discussed before in these threads... no chance the US renagotiates the SOFA to allow the Japanese to hold US suspects (read, not indicted servicemembers) weeks before they decide if there has been a crime and whether they will take jurisdiction. If it is a serious crime and/or if the Japanese take jurisdiction, the US makes the servicemembers available to the Japanese in their investigations (without relesesing them into their custody) and allows them to be processed in the Japanese system. However, due to the huge difference in rights given to suspects and their treatment by the different countries pre-indictment, the US will remain VERY hesitant in giving this up.

At no time, canjap, does the US tell the Japanese they won't be punished by local law.