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bigtree

(85,977 posts)
Fri Aug 9, 2013, 10:26 AM Aug 2013

All male jury seated for trial of general accused of 'barbaric sexual assaults' of women officers

. . . I can't be alone feeling absolute revulsion when I read that list of jurors. I'm not sure how they ended up here, but this just looks like its these military women plaintiffs up against a confounding wall of military men. How can anyone not be the least bit cynical about the outcome?


tweeted by, Spencer Ackerman ‏@attackerman 6m
via @glubold, the Army general accused of barbaric sexual assault of women officers will face an all-male jury. http://fayobserver.com/articles/2013/08/08/1274793?sac=fo.local

Jury selection completed Thursday in the sexual assault court-martial of Army Brig. Gen. Jeffrey Sinclair at Fort Bragg.

The panel of five jurors, all of whom are male Army generals, will begin hearing Sinclair's case Sept. 30.

The last juror seated was Maj. Gen. Donald C. Leins of the Joint Staff at the Pentagon.

He joined Maj. Gen. M. Ted Wong, commanding general of the Northern Regional Medical Command; Maj. Gen. Dean G. Sienko, commanding general of Army Public Health Command; Maj. Gen. Paul E. Crandall, deputy chief of staff for United States Forces Korea; and Maj. Gen. John Wharton, commanding general of the U.S. Army Sustainment Command.

The jurors will be told of Sinclair's three-year adulterous affair with a captain under his command. She has accused him of twice forcing her to perform oral sex - one of numerous accusations that Sinclair faces stemming from the affair and its subsequent investigation.


http://fayobserver.com/articles/2013/08/08/1274793?sac=fo.local

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hlthe2b

(102,143 posts)
1. This will undoubtedly serve to underscore the need to place these cases with independed prosecuting
Fri Aug 9, 2013, 10:30 AM
Aug 2013

and investigatory authority.

Even if enough of the men on this jury see fit to judge this in an unbiased manner and are repulsed by what is happening in the military, it will only serve to give cover to a continuation of this whole abysmal system.

TwilightGardener

(46,416 posts)
2. I think it's a mistake to assume that women will be more sympathetic to female victims, though.
Fri Aug 9, 2013, 10:33 AM
Aug 2013

Hopefully it will be a fair jury, regardless of the gender involved.

Igel

(35,282 posts)
4. More of the "jury by one's peers" sort of thing.
Fri Aug 9, 2013, 10:56 AM
Aug 2013

And assumption that the class/race/sex/ethnic/etc. enemy must be evil and biased while those of the same group can only be absolutely unbiased.

I've seen more than one instance where the assumption of bias led to changes in a person's behavior. This disposed people to be opposed to the person. The person interpreted the attitude of those around to be iron-clad confirmation of the original bias.

bigtree

(85,977 posts)
7. gender and race
Fri Aug 9, 2013, 11:05 AM
Aug 2013

There's an historic and documented precedent of bias from all-white juries hearing cases from black accusers. Similar precedent of bias from male juries in the past when judging sexual assault cases.

We could question or assert where we think society has progress beyond that well-documented bias in society toward and against these groups of individuals along the lines of race or gender, yet, it's hard to not be apprehensive about the possibility that nothing at all has changed in these folks minds from the past notions of acceptability and tolerance of these instances where discrimination is the subject.

 

Lee-Lee

(6,324 posts)
9. Under the UCMJ
Fri Aug 9, 2013, 11:11 AM
Aug 2013

The jury must be composed of service members equal or greater in rank to the accused. This is to avoid any chance the jury will feel pressure from an accused that outranks them.

Sadly, given the tiny number of female generals in the Army, finding some with no prior connection to the accused would probably be rough.

bigtree

(85,977 posts)
10. that's the way it used to be for blacks in the military
Fri Aug 9, 2013, 11:18 AM
Aug 2013

. . . before the ranks of minority officers increased.

That's an important point. Thanks.

bigtree

(85,977 posts)
5. true, I'm assuming a lot about the men
Fri Aug 9, 2013, 10:57 AM
Aug 2013

. . . just . . . why does this feel (and look) so awful to me?

It must feel like swimming through molasses for these women officers who are witnesses and plaintiffs.

 

Tom Ripley

(4,945 posts)
6. Exactly. Many jury consultants agree that there is a prosecutorial advantage to having men seated...
Fri Aug 9, 2013, 11:05 AM
Aug 2013

for sexual assault cases.

bigtree

(85,977 posts)
8. yet, few would agree that the military culture among men has progressed beyond institutional bias
Fri Aug 9, 2013, 11:10 AM
Aug 2013

. . . which most folks feel lead to the tolerance of these documented abuses and the dismissal of complaints over the years. There isn't anything to demonstrate that these same men - chosen from the same oppressive institution that allowed this rape culture to flourish over the decades - are, themselves free of that taint of bias against military women.

Who knows what these lawyers were thinking? I hope for the best.

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