Who Should JucP
"The moment an American draftee is transferred to duty in a foreign country, all (constitutional) protections are cut off as by a knife,"
JENNER: Our country i- faced with the
necessity of drafting millions of young
men. Our youth accept the difficulties of
military service, because a barbarous dictator-hip threatens the world and reserves its
greatest hatred for the I nited Mate-.
Hut our young men in the services are now
subject to a new and cruel hazard. Our government has agreed bv treat) that Vmerican
-erv ice men on foreign soil, who are charged
with a crime, shall be tried under the laws of
the country where thev arc stationed, and not
according to the laws of the I nited States.
Americans are in -civile in every part of
the world: in England. France. Cermany, in
Japan, Free China, Korea, the Near Fast and
parts of Africa. Our government has agreed
that Americans who were born and Im,light up in Texas or
Kansas or Georgia or Massachusetts may, if the) are accused
of a crime, be tried under the laws of Italy or Cambodia or
Iraip or wherever thev mav be stationed, though llicv men
not even know what those laws forbid.
But the greatest trouble conie- because Americans possess,
in their law, a very precious jewel, enjoyed by few other
nations. In our country, a man cannot be arrested without a
warrant, dul) signed by a magistrate. He cannot be kept in
jail without a clear-cut charge. He must be allowed hail, and
it cannot be excessive. If he i- luld in jail for any length id
time, anyone, and that mean- any private citizen, may go
into a court, and ei-K. lor a habeas corpus order. Hiose tvve.
Latin words, which we hear so often, mean lhat. in our country, officials men not hold a man in jail hv their own decision.
The) must produce the accused in public court, ami prove
to tlie satisfaction e,| em independent judge that thev have'
evidence enough to bring him te. a speed) trial. Once the
accused pe-rseen i- brought to trial, tin- court musl assume he
i- innocent until he' i- proven guilty. If he i- convicted, he is
protected against any "cruel and u" k_7
The problem lhal concerns our service
and vou. hi- father or mother, or vv" )
brother, is this: The moment an \'n ..
transferred t" duty in .-
country, all those- protections are cut o" rj
.1 knife. 1 wish there were sonic drama!1'
to mark thi- change, as a man marks w'P ' .
e I- ll i trfrfimlt,
Koes Inim -unlight lo -heuleiw. Irotn "*.
man i- moved bv ship or plane bev'i'1*,.
,. v .. I,,-'1"'1"
there were some (lashing
I. whenever an American
jurisdiction ol American law. Now K'
what kind of judicial climate our youtMi
int.. when the) leave thr sun uf Ann'iii*
We bave a greal main men stationed in Japan- JaKin.,.t.
jails are not pleasanl places. In Japan there is no I
ing that an accused Vmerican will get a speed) tri-fll
let out un hail, or be protected against cruel and
punishments, though he mav Im- innocent. |
Vmericans todai can hardly imagine what our h,|-t ,n,
iieri, em- todav can heinllv imagine what our I"1'' intent
meant when, in the liill of ISighl-. thev forbade "<''
unusual punishments." Bul in Mohammedan countries
who steals a chicken mav have both hands cut off.
In some countries punishments are of the -.nl '
mention on a public broadcast
Ihi' courts operate almosl everywhere outside the ''-1
speaking world on the principle lhal justice exists I"
the state. We arc alone iii asserting the proud |
justice exists to protect the indiv idual. \\ e -av the g.,v'rl nits
ablest citizen, is subjeel to the law.
like the hun
In I iance the
police are slill expected lo gel ei ' "" duty.
from lhe accused hv force if thev eem. 'Ihey have "".latin
Amendment, by which our forefather- decided there
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