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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:24 PM
Original message
Judge offers a choice: Join the Army or go to jail
http://www.usatoday.com/news/nation/2006-01-30-army-jail_x.htm

A judge offered a 20-year-old man facing sentencing an unusual choice: Enlist in the Army or go to jail for up to a year.

Michael Guerra, 20, had pleaded guilty to second-degree criminal contempt, a misdemeanor, after he was accused of violating an order of protection.

At a hearing last week, his attorney told Judge Sara Sheldon Sperrazza that Guerra wanted to join the Army but couldn't if he was on probation. The judge offered Guerra the chance to follow through, but warned that if he didn't enlist within 30 days he would be arrested and sentenced to jail.

Prosecutor Caroline Wojtaszek was doubtful Guerra would actually enlist but said, "maybe they're the only ones who can whip him into shape."

<snip>

Guerra had been accused of shoving his girlfriend's friend against a wall and kneeing her in the stomach. Authorities said he was trying to assault his girlfriend and her friend tried to shield her.

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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:25 PM
Response to Original message
1. he was just practicing for Abu Ghraib.
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saigon68 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 04:27 AM
Response to Reply #1
44. THUGS AND KILLERS IN THE MILITARY
From the story "against a wall and kneeing her in the stomach".

WHAT A HOOT.----



An unidentified soldier appears to be kneeling on naked detainees
in a photo from the Abu Ghraib prison in Iraq.






Hell the military doesn't have to teach people to behave badly, they already come in as abusers, craven killers and deviants able to disembowel young children.

These offenders come equipped with the moral convictions able to shoot a woman through the head

I saw a few sweet-hearts like this in my day. They went right to LBJ for all kinds of crimes.

Murder, rape and mayhem being just a few of them.
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xiamiam Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:25 PM
Response to Original message
2. great choice..id go to jail...nt
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grytpype Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:26 PM
Response to Reply #2
5. better live in jail than dead in Ramadi
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:26 PM
Response to Original message
3. He'll be an asset at Abu Ghraib
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snooper2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:26 PM
Response to Original message
4. That sounds pretty reasonable of the Judge
If Guerra really wanted to enlist as lawyer states...
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evlbstrd Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:27 PM
Response to Original message
6. That was SOP in the 70s.
Half the guys in boot were given that choice. Make ya feel any safer?
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:47 PM
Response to Reply #6
10. I remember those days. Went through boot in '63
Edited on Mon Jan-30-06 05:48 PM by formercia
Back in those days the DI had a lot of lattitude as what kind of physical abuse he could inflict on the recruits. A wise ass like that wound up in a laundry bag and was punched out by the whole company. Today, they just laugh at the DI and dare them.
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TomInTib Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:58 PM
Response to Reply #6
12. Happened to me in '69. Funny thing is...
I was up on drug charges (felony). And they let me join anyway.

So I get sent to you-know-where and stayed blasted the entire time.
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Donkeykick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:27 PM
Response to Reply #12
24. Bet You Didn't Even Need To Take A Urine Test!
:eyes: :sarcasm: :rofl:
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 08:27 PM
Response to Reply #12
28. I know someone that happened to in 1971
He got busted in rural Minnesota for having like two joints on him (at the time in the Metro area a judge probably would have wondered why anyone was wasting his/her time with that kind of a bust). He took the Army option, went to Vietnam and lost a leg there. He never was able to get things back together after he came home and died of alcoholism in his late 40s. I've always maintained that vets like him should have their names added to the Wall as they were casualities as sure as anyone who died while they were over there.
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leftchick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 08:41 PM
Response to Reply #28
31. I agree. I worked in a VA Hospital in the eighties
I saw many many veterans dying a slow painful death. A death directly resulting from the Vietnam war.
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Nay Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 06:56 PM
Response to Reply #6
19. Yep, happened all the time during Vietnam. This is not new, but
I haven't heard of it being done for a while.
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Jeanette in FL Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:16 PM
Response to Reply #6
21. I was going to post the same thing as I was reading this
There were so many people I knew or found out about later that were given that choice. Either go to jail or sign up. I had no idea that this was still happening now.
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brer cat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 08:19 PM
Response to Reply #21
27. It's been going on for a good while
Last year a friend of my daughter's, a really nice mid-20's clean-cut guy with no prior problems, went to pick up his younger brother at a party and walked in on a fight. He tried to break up the fight as the deputies arrived and was arrested along with the ones starting the fight (and drinking underage). He wasn't at the sheriff's office any time before he was offered enlist or go to jail. He was in the midst of a brutal child custody battle to get his children from meth-addicted ex-wife so he decided enlisting was a better choice to get custody, and at least his current wife would take good care of the children. Good news: he flunked the army physical and got custody of the children! But he NEVER should have been in that position to begin with. Local sheriff recruiting for the military is not good news.
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phylny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 09:28 PM
Response to Reply #6
34. Absolutely.
My husband was a lieutenant in the army during the late 70s and he used to tell me about all the guys, generally from the south, who were given this option.

Sometimes, it turned the kids around. Other times, he'd say it caused more work because he'd have to teach some of the kids how to use soap, deodorant, a toothbrush and toothpaste. "Yes, EVERY day!"

No kidding.
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:28 PM
Response to Original message
7. this is where judges have way too much power.
It is absolutely inappropriate that a judge in this day and age add to a backdoor "draft".

What next, we say everyone in jail for nonviolent crime can get a waiver of sentence if they join the army?

Isn't it unfair to some people in jail for EXACTLY the same thing not to have the same opportunity/choice?

Yeah. Too much power. Totally, wholly inappropriate.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:32 PM
Response to Reply #7
8. Bullshit. He's giving the kid a choice, serve your time or join the army.
He stated he wanted to join, the judge basically "OK, go, and I'll absolve you of any time in jail". It's a sweet deal for someone who supposedly wanted to go in the first place.
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trixie Donating Member (696 posts) Send PM | Profile | Ignore Mon Jan-30-06 07:37 PM
Response to Reply #8
26. This is why we can't have recruiters in our schools
No background checks, criminals welcome etc.

Why anyone (specifically the idiot O'leiely) would say we should be forced to let just anyone into our schools and freely walk among kids is beyond me.
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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 10:33 PM
Response to Reply #8
38. Agreed 100%.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 01:06 AM
Response to Reply #8
41. With Alito on the SCOTUS, we could lose the "serve your time" part. n/t
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Mithras61 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:37 PM
Response to Reply #7
9. Actually, she didn't "order" him to do so...

At a hearing last week, his attorney told Judge Sara Sheldon Sperrazza that Guerra wanted to join the Army but couldn't if he was on probation. The judge offered Guerra the chance to follow through, but warned that if he didn't enlist within 30 days he would be arrested and sentenced to jail.

<snip>


'A judge can't order someone to join the Army, but she can decline to impose a sentence if conditions are met, said Guerra's attorney, Matthew P. Pynn. "We do that with misdemeanors all the time," he said.


Actually, the judge merely allowed him to follow through on his stated desire with the condition that if he didn't, he would have to do the jail time associated with the crime.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:50 PM
Response to Reply #7
11. So what if it's unfair to people in jail...they broke the law to get there
Edited on Mon Jan-30-06 05:54 PM by MindPilot
It REALLY unfair to the people in the military who have opted to join out of a desire to serve their country but have to do so alongside people who are serving a sentence.

Like someone said up-thread, this was SOP in the 70's and many of the men I was in boot with were there because the Navy was better--perhaps only marginally--than jail. (In fact I saw an article once that said the average federal prisoner has more living space than the average United States sailor. I can personally attest that the prisoner will probably get more sleep, better food, and not work as hard.)

Other than the unfairness mentioned above, I have no problem with it; I don't see it as a "backdoor draft" and I would much rather a judge have some sentencing discretion than be forced to hand down a draconian mandatory sentence like that poor guy on last night's 60 Minutes.
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TacticalPeek Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:58 PM
Response to Original message
13. Just the joker you want at your back
when you're kicking in a door, or rounding a corner.

:sarcasm:




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Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:17 PM
Response to Reply #13
22. Oh god, ain't that the truth. It's numbnutz like those...
...that wind up bringing what the uniform represents down. Strike that- that's unfair, but it's still my suspicion. I don't think alot of people who have specifically prepared to join the military so casually perform antics like those at Abu Ghraib, but I could be wrong.

PB
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GetTheRightVote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 05:59 PM
Response to Original message
14. This judge is sick, really sick, unleash him to the world, stupid !!
:kick:
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0007 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 06:03 PM
Response to Original message
15. An unusual choice? WTF This is how they did it during the Vietnam years.
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 06:30 PM
Response to Original message
16. STUPID JUDGE--that order makes the kid ineligible for enlistment
If it is written in the judgment, he cannot join.

You can't join under threat of civilian judicial admonishment, those are the rules nowadays. It was not like that in the 60's, but it is now.

Of course, they are taking CAT IVs, and perhaps some branches are doing misdemeanor-under-threat waivers, under the table. But the DOD rules are clear on it.

What waiver officer of sound mind would want an abuser of women in an Army that has a critical mass of females??? It's like PLEADING for trouble....
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darkism Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 06:34 PM
Response to Original message
17. I'll take jail, thanks.
Only a year?

He'll spend more time in the army, unless he gets blown to pieces or horribly injured first.
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Karla Marx Donating Member (85 posts) Send PM | Profile | Ignore Mon Jan-30-06 06:43 PM
Response to Original message
18. Basically, it's a possible death sentence for a misdemeanor.
Love that compassionate conservative justice!
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Miss Chybil Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 12:19 AM
Response to Reply #18
39. The guy said he WANTS to join the Army.
He said he couldn't join, if he was on probation. So, in lieu of probation, the judge gave him the opportunity to join. The Army is not his punishment. Probation...? Army...? Probation would be a lot easier.
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NIGHT TRIPPER Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 01:26 AM
Response to Reply #18
43. yes,his callous crime was wrong, but a possible DEATH Sentence? n/t
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henslee Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:02 PM
Response to Original message
20. What is this 16th century england?
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Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:19 PM
Response to Original message
23. What's the word for this? Penal conscription?
And isn't that what the lead singer of INXS died of?

Sorry, I couldn't help it. I'd still like to know what this sort of thing is called because it seems that it potentially has the danger of diluting the soldierbase we already have.

PB
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Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 07:29 PM
Response to Original message
25. Why didn't this guy join the Army before assaulting his GF's friend?
Mr. gung-ho woman-beater
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WhiteTara Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 08:33 PM
Response to Original message
29. this was the choice given to my 1st husband
during Vietnam...he was stationed at Tan San Nuht in Saigon (sp)
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raysr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 08:36 PM
Response to Original message
30. That's what they used to do
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tom22 Donating Member (240 posts) Send PM | Profile | Ignore Mon Jan-30-06 08:45 PM
Response to Reply #30
32. this is not uncommon. The crime charged meant he
was arrested for doing something unpleasant to a woman. he was twenty, probably had no record. and the last time I heard it was no disgrace to serve your country.
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yorkiemommie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 09:02 PM
Response to Original message
33. that's how my ex bf became a helicopter pilot in VietNam
two tours and 'never saw any one die'.
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president4aday Donating Member (111 posts) Send PM | Profile | Ignore Mon Jan-30-06 09:59 PM
Response to Original message
35. Another incentive for the state
to generate trumped up charges.

What next? Three strikes and you're a conscript. Don't pass jail. Go directly to war.
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Atmashine Donating Member (476 posts) Send PM | Profile | Ignore Mon Jan-30-06 10:09 PM
Response to Original message
36. Join and later say your gay.
Easy enough. Maybe.
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 10:12 PM
Response to Original message
37. man we have returned to Vietnam times!!!
What a horrible thing... I had a friend who got caught stealing some stuff out of a garage it was like 50 bucks worth of stuff and he ended up in Vietnam to avoid jail He's dead now came back a bilateral amputee... never was the same after that...
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 12:36 AM
Response to Original message
40. I'd pick jail, no contest.
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Whoa_Nelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 01:14 AM
Response to Original message
42. I remember this happening during the Vietnam years
Edited on Tue Jan-31-06 01:14 AM by Whoa_Nelly
While living in a Navy town back in the early '70s, heard from several people they were in the service because of being given a choice of Jail or Join Up.

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 08:56 AM
Response to Original message
45. Article title misleading. Guerra wanted to join Army and judge agreed. n/t
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 09:16 AM
Response to Original message
46. take jail dude!
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 09:22 AM
Response to Original message
47. 21st century pressganging
Look for this to happen more and more.
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rinsd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 11:34 AM
Response to Reply #47
53. 21st century knee jerking is more like it.
Read the article beyond the headline.

It appears the guy wanted to join. And the judge gave him the option to join.
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Ganja Ninja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 10:04 AM
Response to Original message
48. Actually this happens a lot more often than you'd think.
It's usually part of a plea bargain where the convicted agree to join the military and receive a fine and probation until they are inducted.
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Ernesto Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 10:09 AM
Response to Original message
49. The Marine Corps had plenty of "jail option" enlistees in my time.
I joined to avoid the trouble that so many of my friends experienced... In general, I think the military is a pretty good option for troubled youth. However, with this bullshit war, now is the WRONG time for anybody to enlist.
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 10:18 AM
Response to Original message
50. Take the year in jail. With stop/loss that's a life sentence. n/t
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 10:22 AM
Response to Original message
51. just the kind of criminal we want in our armed forces to spread our democ
democracy abroad
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saigon68 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-31-06 10:32 AM
Response to Reply #51
52. This man will get a thrill out of Disciplining
Women (insert racial epithet here) heads
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