Forwarded from Jim Craven

[Louis Proyect <lnp3@xxxxxxxxx>]

> A question about the death penalty for desertion from the US military. The
> quote posted by Lou Paulsen says, "Any person found guilty of desertion or
> attempt to desert shall be punished, if the offense is committed in time
> of war, by death or such other punishment as a court-martial may direct ..."
>
> I wonder how the military code defines "time of war", does this mean a war
> constitutionally declared by an Act of Congress? Or does it refer to any
> armed action by the USA?
>
> Anthony

No, it has been interpreted as any armed action, declared war or not as
desertion is regarded as particularly egregious in the face of armed
conflict and leaving others to face that conflict. The last time it was
formally applied was during WWII with Private Eddie Slovic; it has been
"informally" and summarily applied a few times on the battlefields.

Jim C.

Louis Proyect, Marxism mailing list: http://www.marxmail.org


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