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 Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice (UCMJ).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.
实际上,警员(或on the spot请经Houston PD指示)正是那样做的(松拷,叫救护车,送医),可我们一些人却认为没有那样做。为什么会有如此截然不同的(而且完全相反)的结论呢?这就是文化差异之处,正是我希望大家学习到的:关键在一个timing issue. “警察在知道郁伯仁是外交使节后”,这个知道后是其高声申明时呢?而是强行制服(粗暴)其,“all secured”时呢?在中国可能是前者,在美国实际生活中是肯定后者。
请注意从routine traffic stop 到 evade police.这其中警察反应有很大的(可以说量到质)变化。当你在routine traffic stop时,你只要按规行事(双手放明处。。。等),不会受到“粗暴”,人人(包括警察)都知道you have your rights. 你可以不卑不亢,也不必担心“警察流氓”,录音录像都在呢。万一你被粗暴甚至重创(police brutality),那您就不愁吃不愁穿了。因为在美国平民和政府(警察)或大公司打官司,法律的天平是倾向平民的。这凡在学校稍微接触一点法律的课上都学过,就不多说了。
重要的是evade police,一定要记住看到警察要招呼你,千万不能“夺路而逃”。在国内可能警察就让你跑了,而美国警察是不可能放过你的,因为你一跑,就给了警察理由怀疑你是criminal suspects.下来就会有我们副总领事一样的police pursuit case.在此case 过程中,by book 没有粗暴这一词哦,警察是高度紧张的(有网友文说高一百倍)而且与你为敌的,在他的book里,他是“提心掉胆“his life on the line.敌死我活的。他的反应和动作之强烈都是平常人不为理解的。一般人一定要清楚:绝对避免面对警察,高声叫喊,挥手挥臂,掏东西等等,这些都是”threaten police”,可招致更强硬甚至枪击回应。不要以为危言耸听,很现实那(教训多了)。有不信的,您就。。。, 算了,最好别去试。
至于“当一个(16)岁一下的肇事者,你就必须立刻用未成年法来处理的一样“, Again, ”肇事者“的年龄不会影响警察的行为。16岁也罢,61岁也罢,警察行使的职能是同样的,”阻止其肇事“,以protect public safety. 而以后对其”裁定“,判决刑距(处理),是court of law的事。 警察想”处理“也处理不了,更不用说以”未成年法“还是其他什么法了。不同权限,和职责是不能混为一谈的,国内也许可以,这边儿是不这么着的。
我来此仅仅就事论事,确确实实不求争论出个对与错,好与坏,爱国不爱国什么的。Who are we to judge others. 我想就己所知,交流探讨一下在这边儿的经验,大家伙儿都挺不容易的。结果中文又差,时不时借英文弥补,被人查破讥笑,无地自容。还想擦边儿点编笑,也是不着边,差佬佬了。
在郁伯仁领事停车后,若是警察依照常规前来说: "Sir, May I see your driver's license,registration, and insurance?" 的话, 郁伯仁领事一定是给他看的,
而警察不如此做! 哈哈! 大有问题!
所以才有"借口"追到领馆里面...
预谋吧...
最后“众所周知,外交官有豁免权。外交官违反当地法律,甚至被怀疑从事间谍活动,都不受法律制裁,。。。” 另外还有人(像是国内网民)说我外交官,就是超速违章,美国警察也无权干涉。这其间都有关键性的蒙混概念。大家都知道的法律常识:违规驾车(traffic violation)危及的是公众安全,一旦肇事,车就是“致命的武器”(fatal weapon)。而警察的职责就是protect public safety.特别是交警(his job),咱们话:就是吃这碗饭的。他们无论如何(何人何时,有意无意)要制止的(哪怕不得不动用枪),不然就要失职罪。至于以后对其裁定,执行处理那就跟警察无关的了。那是court of law 或外事部门的job了。这就是为什么休斯顿市长起先道歉,过后几天看过录像后又改口”。。。他们的行为是在警察的职权范围内的。。。”,因为此事自始至终,警察的行为都是在前面的“制”中,而没有越到后面的“裁”上。您要说过火了吧,那都是“evade police”的后果,要不信,您试把试把儿(be my guest)?
是什么样的bias蒙住了部分人的眼睛,使之超乎寻常做出如此违背basic common sense的反应?要是换个角度,您闭上眼睛想像如下一个场景:一外国人(使节)驾一无后照牌的车,在天安门广场上横冲直闯,警察或治安人员会无动于衷吗?
如果不会的话,您会牵想到“该国主权受到武装侵犯”念头吗?
事实上(事实认知),副总领事虽有外交身份,但其在此事中完全属于一个人行为。一个在美国随时随地都有可能发生的普通traffic dispute. It is what it is, nothing more, nothing less. 不幸的是副总领事在前前后后的过程made a series 错误的judgment call. 仅此而已。我觉得与中美两国外交关系毫无牵连。要说武装侵犯,主权领土,那更远了(十万八千里)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.
无名男英雄 发表评论于
回复riverside的评论:
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 发表评论于
回复无名男英雄的评论:
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 发表评论于
回复lianggeren的评论:
It is 国家高度,
not that I 动不动就把这上升到.
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.
无名男英雄 发表评论于
回复lusha的评论:
国际公约美国人是签了字的,就要必须遵守.和郁到底违反没违反交规没关系.
riverside 发表评论于
回复lusha的评论:
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 发表评论于
To 无名男英雄: YOU TOO !!!
无名男英雄 发表评论于
回复lusha的评论:
YOU ARE THE STUPIDEST GUY I EVER SEEN ON THIS EARTH.
lusha 发表评论于
To riverside:“我不太在乎郁副总领事个人,但是他代表着中国的脸面,所以我才不愿意看到错误的屎盆扣到他头上。”If he realizes he represants Chinese,he wouldn't behave like this!说警察叫他停,他停下了,但过了5分钟,没见警察来,于他就开走了.....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 发表评论于
To riverside:“我不太在乎郁副总领事个人,但是他代表着中国的脸面,所以我才不愿意看到错误的屎盆扣到他头上。”If he realize he represants Chinese,he wouldn't behave like this!警察叫他停车,他停下了,但过了5分钟,没见警察过来,于他就开走了!.....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 发表评论于
回复lusha的评论:
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 发表评论于
回复曲线救国的评论:
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 发表评论于
回复HCC的评论:
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.