Do you think someone who is convicted of murdering a military SM should automatically receive the death penalty?

2014-05-16T11:10:01-04:00

As I am sure a lot of you know, the remains of a FT. Bragg soldier who went missing 2 years ago have been found. The man charged with her murder is a previous sex offender. This got me thinking, should someone convicted of murdering a military SM automatically receive the death penalty as punishment for their crime? What is the person convicted is another military SM?

Response by 2LT Private RallyPoint Member made May 16 at 2014 11:13 AM

2014-05-16T11:13:13-04:00

Here is a link to the article for those interested:
http://www.cnn.com/2014/05/15/us/north-carolina-missing-soldier/

Police find remains believed to be of missing Fort Bragg soldier - CNN.com

Two years after a Fort Bragg soldier disappeared after visiting a North Carolina bar, police believe they have found her remains.

Response by 1SG Private RallyPoint Member made May 16 at 2014 11:17 AM

2014-05-16T11:17:10-04:00

You have to remember that not every murder case ends with a death penalty charge. Some have even been found years later to be not guilty of a murder they have been previously charged with. That being said...... Why just a service member? Why not every person convicted of murder that would eventually receive the death penalty. That would save a ton of tax dollars.

Response by MSgt Private RallyPoint Member made May 16 at 2014 11:18 AM

2014-05-16T11:18:07-04:00

I think this is a slippery slope. It would have to depend on the severity of the crime. If it was self defense, then absolutely not. If it was a crime of passion, it would depend on the events leading up to the death. For premeditated murder, then yes. For just as an, if they kill a SM then they get the death penalty, then no. The punishment should fit the crime. That answer goes with both civilian murdering a SM and SM killing a SM.

Response by SFC Private RallyPoint Member made May 16 at 2014 11:24 AM

2014-05-16T11:24:38-04:00

We should definitely be wary of creating special categories of people based on occupation, and tying those categories to specific punishments. Punishment should be based on the severity of the crime and the culpability of the perpetrator.

Response by CPT Zachary Brooks made May 16 at 2014 11:49 AM

2014-05-16T11:49:58-04:00

You mentioned the Fort Bragg soldier that was found. From what I read she was a married woman going to a bar with a known sex offender. Bad choices all around, but still a sad situation.

Relating to the question however, in my opinion, I feel that premeditated murder of any kind should be a death penalty and no appeals. If its proven without a doubt with witnesses, DNA, or otherwise, then just take them out back and put them down like a rabid animal.

Thats my opinion really.

Response by SPC Jessica Stewart made May 16 at 2014 8:42 PM

2014-05-16T20:42:26-04:00

Interesting responses. I am not sure what I think about it myself. It was just something that came to mind as I read that her remains had been found.

As far as her going out with someone else while married to a bar, well, I don't really think that matters. She was

Response by CW5 Private RallyPoint Member made Nov 10 at 2014 6:38 PM

2014-11-10T18:38:19-05:00

I agree with SGT Joseph Topping. Although active service members are special in my book, it probably doesn't give them any particular status when it comes to the scenario you describe, SPC Jessica Stewart.

There's another thread on RallyPoint today about two guys who did get the death penalty after they were found guilty of killing a Marine and his wife. (https://www.rallypoint.com/answers/another-death-penalty-in-newlywed-marine-couple-murders)

I knew an NCO - MSG Monica Gacutan - who was days away from retirement in 2006 when her daughter's ex-boyfriend came to their home and killed both Monica and her daughter. Talk about senseless. The guy got life without parole. I'm generally a death penalty advocate, and in this case I think he should have received the death penalty. Either way, though, it doesn't help Monica or her daughter. http://www.wral.com/man-gets-life-sentence-for-killing-ex-girlfriend-her-mother/5280772/

Another death penalty in newlywed Marine couple murders | RallyPoint

From: Marine Corps Times A man who joined three accomplices in tormenting and killing a Marine sergeant and his wife during a home invasion robbery near Murrieta, California, was sentenced Friday to death. Kesaun Kedron Sykes, 27, was convicted in August of the 2008 slayings of 26-year-olde Quiana Faye Jenkins-Pietrzak and her husband, 24-year-old Janek Pietrzak. The six-man, six-woman jury that found Sykes guilty recommended the death...

Response by SGT Private RallyPoint Member made Nov 10 at 2014 7:25 PM

2014-11-10T19:25:12-05:00

No. Service members/Veterans should not be placed on a pedestal implying their lives are of greater value than a civilians. It would be an atrocious legal precedent to set, and I can foresee this having an astronomical amount of unintended consequences if enacted.

Response by SFC Private RallyPoint Member made Nov 11 at 2014 4:28 AM

2014-11-11T04:28:35-05:00

I'm completely against special classes of citizens and mandatory sentences . A life is a life. A cop, soldier, or fireman's life is no more important than the lives of my wife and kids. A murder is a murder.

Response by SPC Darin Taylor made Nov 13 at 2014 9:55 PM

2014-11-13T21:55:09-05:00

In order to warrant the death penalty a person must be convicted of first degree murder and the evidence must show that his/her intentions were to kill said victim. But we all know that most people who are sentenced to death usually die of old age while waiting on death row. If there's indisputable evidence that a person is guilty of first degree murder, then said person should be executed the same day.

Response by GySgt William Hardy made Nov 14 at 2014 12:10 PM

2014-11-14T12:10:59-05:00

The way I see it, no, not automatically.

(1) Let us first go on the assumption you are talking about today's laws and the death penalty is in place in all 50 states as well as in the military.
(2) The thing about the death penalty is that you cannot take it back. In today's world, we have a thing called DNA evidence. This really helps to seal the verdict. If the DNA along with other evidence proves beyond any doubt that the person is guilty, then they should be convicted.
(3) Statistics show that half of all murders are committed by repeat offenders, either in prison or after their release. That means that if they had been put to death the first time, there would be a dramatic drop in the murder rate.
(4) Laws apply across the board and not just to service members. In an effort not to sound like a hypocrite, labels should be applied to certain types of crimes to describe it severity, but not the military.

Therefore, if it can be proven without a doubt, yes, the death penalty should be invoked, but not just automatically.

I also have personal feeling that certain types of other crimes such as rape or horrendous crimes against children should also receive the death penalty. I also feel that if a sex offender is a repeat offender they too should be put to death (I am talking about a sex crime against another person and not some mental job that likes to play with himself in public).

Let me add as SPC Darin Taylor was saying...the people convicted of murder and receive the death pentalty should be executed promptly not 10 years later or commuted to life without parole. I do believe in justice so I would allow a maximum of 2 years to prove the verdict needs to be reversed or they die.

Response by PO2 Corey Ferretti made Nov 19 at 2014 8:39 PM

2014-11-19T20:39:39-05:00

I think if the state has the death penalty and this case meets the standard to go to trial for it then it should. But i do not think we should create a death penalty case just because you kill a service member. I only say that because if you make that the case then you would have to do it for all first responders even any government employee. and after that when would it stop. We have to be careful on what we want laws or rules we want to put in place because depending on what it is you may have to allow something you don't agree with later.

Response by Lt Col Private RallyPoint Member made Nov 19 at 2014 10:52 PM

2014-11-19T22:52:20-05:00

No. I don't think military members are so special that we should warrant an automatic death penalty for a murder charge. It should be prosecuted just as any other murder would be.

Response by PO1 Ron Clark made Nov 21 at 2014 5:33 PM

2014-11-21T17:33:38-05:00

Not automatically, there are always mitigating circumstances which should be investigated thoroughly!

Response by SFC Peter Cyprian made Dec 1 at 2014 9:58 PM

2014-12-01T21:58:59-05:00

Title 18 United States Code, Subsection 1114 covers this. The actual punishments are laid out in 18 USC ss1111. It is, in fact, death or life in prison.

Response by SGT Loel Drennan made Dec 2 at 2014 12:33 AM

2014-12-02T00:33:49-05:00

Yes. In most areas of this great nation if you are convicted of killing a police officer you get a death sentence. A soldiers death should be treated in this same high regard.

Response by LTC Christopher Sands made Dec 2 at 2014 11:37 PM

2014-12-02T23:37:41-05:00

Hell, yes!

Response by SFC Michael W. made Jan 8 at 2015 8:48 PM

2015-01-08T20:48:44-05:00

Hell yeah!

Response by MSgt Curtis Ellis made Oct 18 at 2015 3:26 AM

2015-10-18T03:26:55-04:00

I think all senseless, beyond a shadow of a doubt, murders should carry a death penalty instead of a life sentence, regardless of who you are, what you do or where you stand on the social scale, as the goal for prison is rehabilitation... If they receive a sentence for life, rehabilitation is not an option for these individuals, so why hang on to them?

Response by SFC Michael W. made Oct 22 at 2015 2:28 PM

2015-10-22T14:28:32-04:00

Does a single 5.56mm round answer your question?

Response by SGM Edwin Garcia made Nov 3 at 2015 10:56 PM

2015-11-03T22:56:55-05:00

DEATH PENALTY IF PROVEN GUILTY!!!