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1 hour ago, scott h said:

In this case they have not. He had US military guards the whole time during his imprisonment. If this had occurred in the US, once he was found guilty and sentenced he normally would have been discharged, unless for some reason he faced military charges also.

If the US wanted to go through the hassle they could prosecute him not for murder, but for "conduct unbecoming". But usually in cases like this, once he is returned to a Marine base stateside, he will go through a summary court martial for the charge of AWOL "absent without leave" and be given a bad conduct discharge, sentenced to time served and be given a free ride to the main gate. 

We have a similar thing in Australia that circumvents the double jeopardy thing, the charge would be "prejudicial behaviour".  

6 years for murder...

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He got off pretty easy compared to most countries. 

They got that covered.

The mayor of NYC would think that is way too long.  In NYC he would be released without bail, same day.  

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3 minutes ago, BrettGC said:

6 years for murder...

Are you surprised that the duration, or that someone was actually convicted? 

Seems most people sit in jail much longer then that just waiting for some possible, future trial.   :biggrin:

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13 minutes ago, KC813 said:

Are you surprised that the duration, or that someone was actually convicted? 

Seems most people sit in jail much longer then that just waiting for some possible, future trial.   :biggrin:

I remember when it happened and yep, at the time I was a little surprised by the conviction for many reasons which I believe most of us are aware of and even more surprised at the leniency of the sentence.   If he'd been prosecuted under the US military system he potentially could've received the death penalty.  

 

 

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49 minutes ago, BrettGC said:

6 years for murder...

The mayor of NYC would think that is way too long.  In NYC he would be released without bail, same day.  :whistling:

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2 hours ago, BrettGC said:

6 years for murder...

 

Do we know if the charge was murder? 

Or was it a lesser charge like voluntary manslaughter?

In which case 5 to 15 years is a reasonable range of expected sentence lengths.

 

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"In this case they have not. He had US military guards the whole time during his imprisonment. If this had occurred in the US, once he was found guilty and sentenced he normally would have been discharged, unless for some reason he faced military charges also."

Really?... didn't know that... so the US taxpayer paid United States military personnel to stay in the Philippines at Camp Aguinaldo for the last 6 years? I was in the Marines... and never had any idea we did this for any military personnel in jail overseas for civilian crimes... and there unfortunately have been several. I guess the guards came from The US Embassy in the Philippines, can't imagine we would put folks on special orders.

"If the US wanted to go through the hassle they could prosecute him not for murder, but for "conduct unbecoming". But usually in cases like this, once he is returned to a Marine base stateside, he will go through a summary court martial for the charge of AWOL "absent without leave" and be given a bad conduct discharge, sentenced to time served and be given a free ride to the main gate." 

I would hope dishonorable discharge... but either bad conduct or dishonorable will make his life tough from here on out.

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1 hour ago, GeoffH said:

 

Do we know if the charge was murder? 

Or was it a lesser charge like voluntary manslaughter?

In which case 5 to 15 years is a reasonable range of expected sentence lengths.

 

Homocide, 6-10 years.

https://en.wikipedia.org/wiki/Death_of_Jennifer_Laude

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3 hours ago, BrettGC said:

We have a similar thing in Australia that circumvents the double jeopardy thing, the charge would be "prejudicial behaviour".  

6 years for murder...

...and 4.65M PHP!

I suppose we have to acknowledge that here, and in many other countries, the punishment is a combination of prison time and financial payment.  

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37 minutes ago, hk blues said:

...and 4.65M PHP!

I suppose we have to acknowledge that here, and in many other countries, the punishment is a combination of prison time and financial payment.  

It often is in the U.S., but with two cases, one criminal and one civil.  However, if the defendant has no money, not much they can get.

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29 minutes ago, OnMyWay said:

It often is in the U.S., but with two cases, one criminal and one civil.  However, if the defendant has no money, not much they can get.

Yes, same in UK where a civil case will be a financial award to the injured party and criminal where it will be a combination of a financial award to the government and a prison term (maybe, of course).  Here, it seems to mix the two.

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