5th amendment does not apply?

2015-02-11T19:58:54-05:00

Pending appeal will tell us.

http://www.stripes.com/news/navy/appeals-court-to-hear-sailor-s-case-that-pits-military-rules-against-5th-amendment-1.328849

Appeals court to hear sailor's case that pits military rules against 5th Amendment

On Wednesday, in a dispute potentially important to myriad servicemembers, the U.S. Court of Appeals for the Armed Forces will consider whether the Navy can require sailors to self-report civilian criminal charges, despite the Fifth Amendment’s protection against self-incrimination.

Response by SGT Private RallyPoint Member made Feb 11 at 2015 8:17 PM

2015-02-11T20:17:11-05:00

I don't like it, but it's not without precedent. As service members we do not enjoy the same civil rights that our civilian counter parts have. Our freedom of expression is extremely limited, as is to an extent our freedom of assembly. As ironic as it is our second amendment rights are practically non existent depending on your perspective. We have practically no right to deny search and seizure, and the list just keeps going on and on. Put simply, it is the nature of military service that we give up our rights so that we can ensure the protection of the rights of others.

Response by Sgt Aaron Kennedy, MS made Feb 11 at 2015 8:56 PM

2015-02-11T20:56:25-05:00

This is an interesting mental exercise.

The concept of "self reporting" is actually essential for the modern military, despite my instinctual objection to it.

Here are a couple of examples.

1) The ability to drive, is often required for military personnel. Committing a civil infraction that results in the loss of that privilege means that the Service Member cannot perform their function.

2) The ability to possess a firearm, is required for military personnel. Being convicted of any crime that legally prevents possession of a firearm creates a similar issue.

The military needs to know about these types of things. I don't think they should be able to "punish" a person a second time for self reporting when these things happen, but they absolutely need to know.

My personal opinion is that self-reporting should almost be like triggering the double jeopardy clause.