How the Military Does Justice

By Daren Fonda

If you want to see military justice in action right now, your best bet is to catch an episode of JAG. But Americans may soon be able to witness the real thing: military officials say the Army is weighing whether to televise the trials of troops accused of abusing Iraqi detainees--an unprecedented step that some believe would help restore U.S. credibility in the eyes of Iraqis.

Though military trials usually take place out of public view, they aren't unusual. Thousands of soldiers are brought before courts-martial every year for offenses ranging from conduct unbecoming an officer to rape and homicide. Penalties range from a dishonorable discharge and demotion in rank to decades in prison or the death penalty. The most famous court-martial in recent memory was the 1971 trial of Lieut. William Calley, who was charged with murder for his involvement in the My Lai massacre in Vietnam. Although a jury convicted Calley and sentenced him to life in prison, President Nixon reduced his sentence, and he served just 3 1/2 years under house arrest at Fort Benning, Ga.

What fate awaits those accused from Abu Ghraib? If their cases proceed to trial, their guilt must be proved beyond a reasonable doubt. Rules of evidence in a court-martial are similar to those in the civilian system. But aside from capital crimes, it takes only a two-thirds majority of a jury "panel" (composed of at least five military members) to convict. The prisoner-abuse suspects could face decades behind bars if convicted. U.S. military officials plan to try them in Iraq to show Iraqis that U.S. law can be applied fairly on their turf. That alone won't restore confidence in the occupation, but it might be a start. --By Daren Fonda. Reported by Viveca Novak/Washington

With reporting by Viveca Novak/Washington