That’s not an option as far as the military is concerned; no military recruiter is obligated to enlist someone just because some judge in a courtroon has given some defendant that sort of “ulitmatum.”
This sort of thing may have happened many decades ago but in this modern era it ignores issues of peronal and institutional liability. If she were to join the military under some sort of duress from a civilian court, it’s quite unlikely she would tell the recruiter as it would stop the enlistment process.
If she did successfully join and then commit a serious infraction of the UCMJ, a good defense lawyer might be able to get her off by offering evidence of the duress and claiming an ivalid enlistement.
I’m sure there’s plenty of case law on the subject, and I’m not a lawyer (nor do I have the notes on this particular situation anymore). But you shouldn’t assume that joining the military service is an option for her to “get out” of any possible civilian criminal action.
I was hypothetically speaking. But, who knows if they’d change their mind as the supply of new volunteers continues to thin as the war in Iraq stretches on.
[...] There Wow, it seems that Edward Kim is getting all over the place. He was recently featured on Marmot’s Hole for his take on the Azia Kim scandal at [...]
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Wouldn’t it be funny if the courts gave her the choice between going to jail for a long time or joining the military?
That’s not an option as far as the military is concerned; no military recruiter is obligated to enlist someone just because some judge in a courtroon has given some defendant that sort of “ulitmatum.”
This sort of thing may have happened many decades ago but in this modern era it ignores issues of peronal and institutional liability. If she were to join the military under some sort of duress from a civilian court, it’s quite unlikely she would tell the recruiter as it would stop the enlistment process.
If she did successfully join and then commit a serious infraction of the UCMJ, a good defense lawyer might be able to get her off by offering evidence of the duress and claiming an ivalid enlistement.
I’m sure there’s plenty of case law on the subject, and I’m not a lawyer (nor do I have the notes on this particular situation anymore). But you shouldn’t assume that joining the military service is an option for her to “get out” of any possible civilian criminal action.
Paul,
I was hypothetically speaking. But, who knows if they’d change their mind as the supply of new volunteers continues to thin as the war in Iraq stretches on.
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[...] There Wow, it seems that Edward Kim is getting all over the place. He was recently featured on Marmot’s Hole for his take on the Azia Kim scandal at [...]