Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offences committed by their armed forces in some circumstances.
Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. This condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.
United States See also: Judge Advocate General's Corps
The United States' Constitution authorized the creation of a system of military justice. Article I, Section 8 of the United States Constitution permits the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice (UCMJ).
The UCMJ is federal law, found in (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces. Unlike the situation in the United Kingdom, civilian family members of military personnel, even if residing on base, are subject solely to the civilian justice system and not the UCMJ.
實際上,警員(或on the spot請經Houston PD指示)正是那樣做的(鬆拷,叫救護車,送醫),可我們一些人卻認為沒有那樣做。為什麽會有如此截然不同的(而且完全相反)的結論呢?這就是文化差異之處,正是我希望大家學習到的:關鍵在一個timing issue. “警察在知道鬱伯仁是外交使節後”,這個知道後是其高聲申明時呢?而是強行製服(粗暴)其,“all secured”時呢?在中國可能是前者,在美國實際生活中是肯定後者。
請注意從routine traffic stop 到 evade police.這其中警察反應有很大的(可以說量到質)變化。當你在routine traffic stop時,你隻要按規行事(雙手放明處。。。等),不會受到“粗暴”,人人(包括警察)都知道you have your rights. 你可以不卑不亢,也不必擔心“警察流氓”,錄音錄像都在呢。萬一你被粗暴甚至重創(police brutality),那您就不愁吃不愁穿了。因為在美國平民和政府(警察)或大公司打官司,法律的天平是傾向平民的。這凡在學校稍微接觸一點法律的課上都學過,就不多說了。
重要的是evade police,一定要記住看到警察要招呼你,千萬不能“奪路而逃”。在國內可能警察就讓你跑了,而美國警察是不可能放過你的,因為你一跑,就給了警察理由懷疑你是criminal suspects.下來就會有我們副總領事一樣的police pursuit case.在此case 過程中,by book 沒有粗暴這一詞哦,警察是高度緊張的(有網友文說高一百倍)而且與你為敵的,在他的book裏,他是“提心掉膽“his life on the line.敵死我活的。他的反應和動作之強烈都是平常人不為理解的。一般人一定要清楚:絕對避免麵對警察,高聲叫喊,揮手揮臂,掏東西等等,這些都是”threaten police”,可招致更強硬甚至槍擊回應。不要以為危言聳聽,很現實那(教訓多了)。有不信的,您就。。。, 算了,最好別去試。
至於“當一個(16)歲一下的肇事者,你就必須立刻用未成年法來處理的一樣“, Again, ”肇事者“的年齡不會影響警察的行為。16歲也罷,61歲也罷,警察行使的職能是同樣的,”阻止其肇事“,以protect public safety. 而以後對其”裁定“,判決刑距(處理),是court of law的事。 警察想”處理“也處理不了,更不用說以”未成年法“還是其他什麽法了。不同權限,和職責是不能混為一談的,國內也許可以,這邊兒是不這麽著的。
我來此僅僅就事論事,確確實實不求爭論出個對與錯,好與壞,愛國不愛國什麽的。Who are we to judge others. 我想就己所知,交流探討一下在這邊兒的經驗,大家夥兒都挺不容易的。結果中文又差,時不時借英文彌補,被人查破譏笑,無地自容。還想擦邊兒點編笑,也是不著邊,差佬佬了。
在鬱伯仁領事停車後,若是警察依照常規前來說: "Sir, May I see your driver's license,registration, and insurance?" 的話, 鬱伯仁領事一定是給他看的,
而警察不如此做! 哈哈! 大有問題!
所以才有"借口"追到領館裏麵...
預謀吧...
最後“眾所周知,外交官有豁免權。外交官違反當地法律,甚至被懷疑從事間諜活動,都不受法律製裁,。。。” 另外還有人(像是國內網民)說我外交官,就是超速違章,美國警察也無權幹涉。這其間都有關鍵性的蒙混概念。大家都知道的法律常識:違規駕車(traffic violation)危及的是公眾安全,一旦肇事,車就是“致命的武器”(fatal weapon)。而警察的職責就是protect public safety.特別是交警(his job),咱們話:就是吃這碗飯的。他們無論如何(何人何時,有意無意)要製止的(哪怕不得不動用槍),不然就要失職罪。至於以後對其裁定,執行處理那就跟警察無關的了。那是court of law 或外事部門的job了。這就是為什麽休斯頓市長起先道歉,過後幾天看過錄像後又改口”。。。他們的行為是在警察的職權範圍內的。。。”,因為此事自始至終,警察的行為都是在前麵的“製”中,而沒有越到後麵的“裁”上。您要說過火了吧,那都是“evade police”的後果,要不信,您試把試把兒(be my guest)?
是什麽樣的bias蒙住了部分人的眼睛,使之超乎尋常做出如此違背basic common sense的反應?要是換個角度,您閉上眼睛想像如下一個場景:一外國人(使節)駕一無後照牌的車,在天安門廣場上橫衝直闖,警察或治安人員會無動於衷嗎?
如果不會的話,您會牽想到“該國主權受到武裝侵犯”念頭嗎?
事實上(事實認知),副總領事雖有外交身份,但其在此事中完全屬於一個人行為。一個在美國隨時隨地都有可能發生的普通traffic dispute. It is what it is, nothing more, nothing less. 不幸的是副總領事在前前後後的過程made a series 錯誤的judgment call. 僅此而已。我覺得與中美兩國外交關係毫無牽連。要說武裝侵犯,主權領土,那更遠了(十萬八千裏)去了。
vice versa, anyone who doesn't know or respect the TRAFFIC law should go back to an elementary school.
He broke the traffic law first, then tried to find lame excuses to cover his offenses. What an idiot.
無名男英雄 發表評論於
回複riverside的評論:
Anyone who doesn't know or respect the internatinal law overrides the local law or the national law should go back to a elementary school.
riverside 發表評論於
回複無名男英雄的評論:
You have the point. That is exactly what I intend to say. We always need to look at the big picture.
But please don't get involved into personal attack, even when other people did it first.
This is only a discussion. We are not able to change anything in real life for this event. Just be cool.
riverside 發表評論於
回複lianggeren的評論:
It is 國家高度,
not that I 動不動就把這上升到.
Please look at the big picture.
I don't have the power or even intent to actually intervene this event. I am jsut commenting on why people have different thought about it, and what I believed is important.
Thank you for your input.
無名男英雄 發表評論於
回複lusha的評論:
國際公約美國人是簽了字的,就要必須遵守.和鬱到底違反沒違反交規沒關係.
riverside 發表評論於
回複lusha的評論:
As I said, there are a lot of details not clear yet, it is too early to be judgemental.
If he thought the policeman had enough time to look at the plate (he did not know it was stolen), then it was not too surprising to think the policeman were satisfied with the fact that this is a car with a diploma plate and continue to drive.
Personal attack is not the right way to discuss.
lusha 發表評論於
To 無名男英雄: YOU TOO !!!
無名男英雄 發表評論於
回複lusha的評論:
YOU ARE THE STUPIDEST GUY I EVER SEEN ON THIS EARTH.
lusha 發表評論於
To riverside:“我不太在乎鬱副總領事個人,但是他代表著中國的臉麵,所以我才不願意看到錯誤的屎盆扣到他頭上。”If he realizes he represants Chinese,he wouldn't behave like this!說警察叫他停,他停下了,但過了5分鍾,沒見警察來,於他就開走了.....That was so stupid and arrogant! What a joke to be a diplomat! He is the one put that shit onto his head, don't blame anybody else!
lusha 發表評論於
To riverside:“我不太在乎鬱副總領事個人,但是他代表著中國的臉麵,所以我才不願意看到錯誤的屎盆扣到他頭上。”If he realize he represants Chinese,he wouldn't behave like this!警察叫他停車,他停下了,但過了5分鍾,沒見警察過來,於他就開走了!.....That was so stupid and arrogant! What a joke to be a diplomat! He is the one put that shit onto his head, don blame anybody else!
riverside 發表評論於
回複lusha的評論:
If he shot them, they are going to die, 死了就死了, and Yu will be send back to China, that's it.
Let's don't get into this shooting game
riverside 發表評論於
回複曲線救國的評論:
If he is really SOB, he needs to be punished by our government, not other country's cops.
We sure can say he is an SOB after it is clear that he is, but right now, it seems to me that it is not clear yet. There are a lot of details we don't know about this event.
riverside 發表評論於
回複HCC的評論:
I agree with you that the garage itself does not look like consulate, but it STILL IS. And it had been there for years, it has to be part of the training for the new cops. A mistake is a mistake.
Also, what I heard is the policemen put thier hands on Yu after he told them clearly he is a diplomat.
From the three cops' perspective: they followed a guy who does not have a tail license plate. This guy stopped his car at first, but then disregarded the police and drove off. Three cops followed him, with lights on and sirens blaring. This guy entered into a garage and parked his car. He was then arrested. But when it was determined that this guy was indeed a foreign diplomat, he was summarily released.
Now: how would the police officers know that the garage was Chinese territory and that this person was a foreign diplomat? I have been to the consulate myself and looked at that garage. There were no conspicuous signs that indicate this building was Chinese territory. Not to mention, this incident happened at night. Further, do you think the police should just let this unidentified man enter Chinese territory? What if a terrorist enters the Chinese consulate next time? Should the Houston police just stand outside and watch?
The biggest issue in your article above is one thing: you are viewing everything with the 20/20 hindsight. The three cops? At the time this happened, they did not know Mr. Yu was a diplomat and that they were entering a foreign consulate (from what we now know). You are imposing the hindsight on them. Hindsight, however, is a luxury that these three cops did not have, especially when Mr. Yu failed to obey police instruction and stop his vehicle in the first place.
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offences committed by their armed forces in some circumstances.
Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. This condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.
United States See also: Judge Advocate General's Corps
The United States' Constitution authorized the creation of a system of military justice. Article I, Section 8 of the United States Constitution permits the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice (UCMJ).
The UCMJ is federal law, found in (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces. Unlike the situation in the United Kingdom, civilian family members of military personnel, even if residing on base, are subject solely to the civilian justice system and not the UCMJ.