| U.S. abuse of detainees once became the focus of the media throughout the world, while some domestic scholars also made a comment on the event on the international laws'base. This thesis is to analyze and study U.S Private Lynndie England's abuse of detainees via"conviction"and"sentence determined"based on U.S criminal laws.The thesis is categorized into 3 chapters:Chapter 1:"Domestic Scholars'Current Viewpoints & Analysis". It consists of 2 sections. Section 1: the author categorizes the domestic scholars'viewpoints into 2 parts:"Tallying with Law"and"Legal Overlap of Law"and introduces the respective bases of the above viewpoints. Section 2 is also divided into 2 parts: the author first demonstrates the limitation of the domestic scholars'viewpoints by analyzing their mistakes made in quoting the international conventions or foreign codes and then demonstrates there is no need for the domestic scholars to worry about the U.S. Government's covering up for the U.S. soldiers who abused detainees by quoting Americans'related viewpoints.Chapter 2:"2 Elements of the Conviction of Detainee Abuse". It consists of 4 sections. Section 1: The author introduces the first element of conviction is the element in the constitution of crime including guilty behavior and guilty mind; the second element is full responsibility, namely, no legal defence; in Section 1, the author introduces the crimes of U.S. Private Lynndie England and the related articles in"U.S. Uniform Code of Military Justice"and then makes an analysis as per Lynndie England's guilty behavior. Section 2:"Condemned Psychology", the author analyzes whether Lynndie England had an intent of malice, full awareness, rashness, negligence or not when abusing the detainees as per her behavior in the photos or other witnesses'testimony. Section 3:"Legal Defense"or"Reason for No Responsibility", the author demonstrates what Lynndie England has done is not forced (intimidated) or due to others'mistakes through quoting the articles of Model Penal Code, and therefore, she has no reason for no responsibility. Section 4:"Procurator & Jury's Viewpoints & Analysis", the author analyzes the legal bases of Lynndie England's crimes decided by jury via procurators & jury's viewpoints.Chapter 3:"Sentence Determined"consists of 3 sections. Section 1:"Overview", which is categorized into 4 parts. Part 1:"'U.S. Sentencing Guideline'Development & Structure Introduction"; Part 2: introduce some related articles in"U.S. Sentencing Guideline", which are similar to the Chinese counterpart; Section 3: set forth the selected articles from"U.S. Sentencing Guideline"which need special attention and then calculate the basic sentencing class and sentencing scope of Lynndie England's individual crime; Part 4:"Plea Bargaining", though the judge vetoed the plea bargaining in this case, it can be found that the judge still took the 2 parties'sentencing opinion into account as per the"U.S. Sentencing Guideline"and the case's final statement. Section 2:"Mitigation & Aggravation of Sentencing", which consists of 2 parts. Part 1: introduce the related articles of"U.S. Sentencing Guideline"regarding mitigation & aggravation of sentencing; Part 2: analyze Lynndie England's individual crime's sentencing classes as per the articles mentioned in Part 1; Section 3:"Combined Punishment for Crimes": which also consists of 2 parts. Part 1: introduce the related articles in"U.S. Sentencing Guideline"regarding combined punishment for crimes; Part 2: calculate this case's maximum sentencing class is 19th Class with the sentencing scope of 30-37 months as per the related articles. Since Lynndie England was sentenced to 3-year imprisonment, it proves that the sentence is in accordance with the"U.S. Sentencing Guideline"but a little severe. |
