Here is an interesting article that compares the sentences issued by a military court-martial panel with that of a civilian criminal jury. The issue has gained increased importance with the passage of the Military Extraterritorial Jurisdiction Act which gives the federal government greater authority to try individuals to include members of the military in civilian court for crimes committed outside the United States. For example, if a member of the military commits a crime in Iraq but goes unpunished by the military and subsequently leaves military service, he or she can be prosecuted in the United States. In some instances, as discussed in the article, the punishment may be more severe in the civilian court as opposed to the military court-martial.
Prosecutors sought the death penalty for Green, but jurors spared his life when they failed to agree unanimously. Instead, Green received five consecutive life terms with no chance for release.
But he complains that his co-defendants got the deal of the century. The military did not seek the death penalty, instead using it to extract guilty pleas from the three. This resulted in sentences of 90 years for Barker, 100 years for Cortez and 110 years for Spielman, with each eligible for release in 10 years provided they testified against Green, the sole shooter...to continue reading go here.
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