In article ,
(ArtKramr) writes:
Subject: The nature of military justice.
From: (Peter Stickney)
Date: 1/10/04 11:56 AM Pacific Standard Time

seems that when you're brining up Pvt. Slovik as an example,
you're, perhaps, looking at it from the wrong side. The controversy
in Slovik's case wasn't the verdict - He did what he did - but the
sentence. That's really a whole 'nother can of worms, just as it is
today in civilian courts.

What are your thoughts on the verdict?

A good question, and one which deserves a lot of thought.
I can't say for certain, since I don't have the experience in the
1940s Army, exactly what I'd be thinking and feeling at that time.

That being said, If I were on the Court Martial, it's very likely that
I'd vote to convict, giving the evidence that was presented.
FRom all appearences, it appears that Slovik was not well represented,
well advised, or thought through the possible consequences himself.
As you, and other, have noted the Article of War gave great latitude
to individual Courts wrt verdicts and sentencing.

I don't agree with the idea of shooting somebody to encourage others -
it's a poor policy, not just for the poor schmuck that gets shot, but
it leads to an organization that, since it viewed as arbitrary and
difficult to trust, and willing to off you for no good reason, that
surpresses our strengths, individualism, initialtive, and a
willingness to take what may be a bad decision now, than fail due to
trying to walk through the channels of beareaucracy and tradition.
The inevitable end result of such a policy are people who won't do
anything without a recorded direct order, who are constantly covering
their asses, and who will be reporting to their superiors what they
believe the superiors want to hear. That's how the Soviets, and the
Japanese ended up it didn't work for them, either.

Back in 1944, were you aware of teh SLovik case? Did the case itself
make any difference to you, or the people around you? I've no idea
about that, and I'm curious. If you're going to make an example of
somebody, it doesn't do any good if nobody knows about it.

As I understand it, the Slovik case, along with others, was a reason
for the drafting of the UCMJ, and dropping the Articles of War, in an
attempt to rein in the extreme verdicts adn snetences, and the uneven
Justice that occurred under the Articles of War.

--
Pete Stickney
A strong conviction that something must be done is the parent of many
bad measures. -- Daniel Webster