The power and consequences of photography...

[dai_hunter]

Apparently the story has not hit all the main US news outlets yet (?):

 

The power of photography is now followed by the consequences... Spc. Sabrina Harman has been found guilty of six of the seven counts laid before the military court. A military jury of four officers and four enlisted servicemen seated in Fort Hood, Texas, however, acquitted her on one maltreatment charge. Under existing military rules, the conviction will be automatically appealed. The sentencing phase of her trial was due to begin on Tuesday [today] She faces a sentence of up to 5 1/2 years and will be confined to a military prison pending the outcome of any appeal hearing.

 

AFP [AGENCE FRANCE-PRESSE] reports the story here

 

http://sg.news.yahoo.com/050517/1/3skg6.html

 

Al Jazeera, too, reports here with a re-write of the AFP story

 

http://english.aljazeera.net/NR/exeres/E9EAFC9E-6F15-49E3-AB6B-951073276599.htm

 

Hunter

[beeman458]

"When was the last time you argued a case before a court-martial panel?"

 

I object your honor. The question has no relevancy in regard to the forum's purpose. I think you get my point counselor.

 

If you wish to discuss the case, beeman458@aol.com, will place the discussion in a more appropriate venue as without context, images have no meaning unless one is setting out to distort reality. I would hope intelligent, well educated folks would understand how folks distort the truth, in any shape, manner or form, including repeatedly posting images when it's clearly being done (motive) for their personal gain.

[dai_hunter]

The final chapter to Sabrina Harman's story...

 

She has been sentenced to 6 months in prison with credit for two months time served; and a bad conduct discharge.

 

On the issue of remorse as discussed above: "...During sentencing the 27-year-old apologised for the mistreatment...."

 

see story at: http://www.cnn.com/2005/LAW/05/17/prisoner.abuse.ap/index.html

 

Hunter

[christian deichert]

Bas -- I was assigned as a prosecutor, or trial counsel, previously. Most military attorneys (including trial counsels) are assigned to an office under a Staff Judge Advocate, and they switch out jobs rather frequently at first. The Trial Defense Service is a wholly separate command so there is no possibility that the local command has any influence over our independent representation of our clients.

 

Dai -- While the basic principles of criminal justice are the same in and out of the military, the practical aspects of a court-martial are very different from civilian trials. To be selected for a civilian jury, typically all you need to do is be registered to vote or have a driver's license, very minimal requirements. Court-martial panels are selected by the commanding general, a/k/a the convening authority, and consist of "those persons who in the opinion of the convening authority are best qualified for the duty by reason of their age, education, training, experience, length of service, and judicial temperment." (R.C.M. 502) So right off the bat, you're looking at more than just Joe Schmo off the street. Also, while most civilian jurisdictions require unanimous verdicts from a jury of 12 for both findings (guilty or not) and sentence, a court-martial panel can find a soldier guilty even if only 2/3 of the panel is convinced of guilt, and only 2/3 need agree on a sentence. So no, it ain't quite the same.

[dai_hunter]

Christian Deichert Photo.net Hero Photo.net Patron, may 18, 2005; 06:33 a.m....

 

Your comments are noted... but ISTR there are also exceptions in some US states allowing juries of 6 (Florida ?) and also some that permit split (majority) decisions in, at least, non-capitol cases.

 

In my reckless youth I served in the USAF (early part of the Vietnam era) and later in the US Army Reserve, as well as working at various times as a civilian on US Navy facilities and US Army run facilities, so I am not totally unfamiliar with the quirks of the UCMJ. In the end I believe Harman has been treated at least as fairly, and maybe more so, than she might have been in a civilian court both in trial procedure and sentencing.

 

Hunter

[c4-contemporary-art]

To answer your question directly - It depends entirely on her INTENTIONS in

taking the photos - right??

[c4-contemporary-art]

PS -

 

Did anybody here (since you're all so visually on-the-ball) who had seen the

BEHEADING VIDEO - that the chairs and walls/color-of-walls are identical to

the footage / stills from Abu Ghraib prison?? Interesting, huh???

<br><br>

Also - if you can find the video on line - LISTEN VERY CAREFULLY - and slow

down the beginning and tell me if you see anything interesting.

[christian deichert]

"In the end I believe Harman has been treated at least as fairly, and maybe more so, than she might have been in a civilian court both in trial procedure and sentencing."

 

I agree -- at the end of the day, 6 months and a BCD is a very good result from my perspective. With her Article 13 confinement credit for pretrial punishment (described in the news as credit for time served, for some reason), as well as credit for good time, she'll end up serving around three and a half months. I've seen more punishment for less public cases.

[rich_ullsmith1]

I agree, too. As a former squadron legal officer in the Navy (not an actual

lawyer, like Christian) I saw folks get lots worse by merely being in the wrong

place at the wrong time, maybe coupled with a poor reputation and attitude.

 

How would these images stand in the context of Korea, the early years of

Vietnam, or even the Gulf War? All since the drafting of the Geneva

Conventions.

 

I guess what I'm hung up on is: the images of Abu Ghraib have the potential

to cast a shadow of historical significance on par with Mai Lai, yet we have to

agree that the two are radically different events. Remember how, early on,

the images were compared to fraternity hazing rituals? It is the context that

give this images significance, i.e., controversial war, vocal opposition at home

and abroad, unpopular president, etc.

[ellis_vener_photography]

<I>Remember how, early on, the images were compared to fraternity hazing rituals?</I>

<P>And do you remember who was making that comparison? And why they were spinning

the story that way?

[d. light]

The 'power of photography' still has to go through all the individual filters that we have build up. This discussion shows how some pictures arise disgust and anger on the one side, how others pathetically try to minimise or relativate what is shown (supporters of the current administration I guess) or even try to stop the dicussion completely.

Imagine Iraq would have invaded America without legitimate reason and those pictures were taken with exchanged roles. Just try it and check yourself. In another thread I was reading a comment that said the pictures are 'extreme satirical'.

In essence, I guess it all depends from which side we look at things. Once I learned this lesson I can only resume that the 'power of photography' should serve to unite, i.e. inspire to lead a better life.

[rich_ullsmith1]

I know what you're saying, Ellis, but it was real live frat brothers making that

comparison, and it wasn't spin, it was truth. At least going by what the frat

brothers tell me.

 

I'm just saying that it's the context that make these images powerful. These

images were a spark to a powderkeg, not the powderkeg itself. There were

no summary executions, no branding, no electrocution, no lost limbs, digits or

fingernails.

[rw]

Don,

 

The photos are powerful alright, in one aspect, it is a 'powerful' recruiting tool for the opposite camp. As fas as the result of the trial is concerned, it is highly political, it is not so much so if justice has be done, but for which audience !! Together (the photos & the trial result) has far reaching consequence for America's war effort in Iraq.

 

Robert.

[basscheffers]

Bernd, why do you guess people trying to relavate this issues to be "supporters of the current administration"? I am sorry, but that is the same kind of spin you probably like to accuse Bush and the GOP of. There you probably have a point, here it is totaly unfounded.

 

These are real people - both the accused and the victims - and that is the way it should be looked at, there is no room for party politics in this case.

[ron c]

What about the photo of Saddam on the front of London's "Sun" and the New York papers today.

[beeman458]

Welcome to the Political Philosophy forum where you don't have to worry about photographic conversation getting in the way of your discussion.

[chelsea]

My thoughts when having first seen these images? First thing that came to mind was the incredible childishness of people put in charge of the prisoners, and especially...where in the HELL are the commanding officers?! What extreme level of incompetence and unprofessionalism can possibly allow this to take place, and how in hell were the pictures allowed to be taken? I'm getting old and cynical when looking at anything the media presents, and when some snapshot of something with a load of shock value hits my view, I'm thinking...what REALLY went on? And I am assured that we will never know the entire truth. And now, on top of all this kerfuffle, obviously the people in charge haven't learned. What comes streaming across the t.v. screen last night? Pictures of Sadam in his skivvies. It just absolutely boggles the mind. The sad part is that the power and consequences of a very few images belittle all the efforts and integrity of the majority of hard working people involved in the military. We don't get to see the accomplishments of thousands of people who are working so hard for the peace and freedom that they believe in, but we get a few images that make the whole situation look like Abbott and Costello landed in the Middle East.<BR><BR>

Dai, if there's one thing I've learned from reading p.net forums, don't do it while you're eating or drinking coffee, or you put your keyboard at risk.

[d. light]

Bas, yes it is about humans. This is what I intended to say and I have no intention to make political talk about it. Still, it should be allowed to say who is responsible for the overall situation and also that naturally their supporters feel inclined to defend themselves.

[d. light]

"The sad part is that the power and consequences of a very few images belittle all the efforts and integrity of the majority of hard working people involved in the military. We don't get to see the accomplishments of thousands of people who are working so hard for the peace and freedom that they believe in,...."

 

These pictures in their absurdity show only one thing and that is that the Iraq war is a total failure. No matter who is responsible, what has happened, or if these are misleading or representative documents. The power of this pictures is their oddity and obscurity.

[beeman458]

Or there's something most haven't considered. What's that? How people react to these images shows how little they comprehend about reality and how easily they allow themselves to be manipulated (pawns) by these sorts of images.

 

The only thing missing are night torches and pitchforks.

[d. light]

oh,.. you mean like the BinLaden videos that popped up, just right in time to show how evil the disco prince is?

[c4-contemporary-art]

Truly. I guess this is what was meant by that.

[beeman458]

For all the indignation comments, maybe this is a good time to discuss the indignation created by some of Serrano's images or those of Diane Arbus.

 

Hmmmmmm!

[beeman458]

Context is usually the first thing to go when one has an agenda.<p>

 

<a href="http://www.usatoday.com/news/world/iraq/2003-04-13-saddam-secrets-usat_x.htm">Iraqis pour out tales of Saddam's torture chambers</a><p>

 

Where are these photographs?<p>

[mattvardy]

I would argue the whole situation proves how we all have a <i>Heart Of Darkness</i>. Last year I read that book, written by Joseph Conrad, which has been said to be one of the most brilliant short novels (actually referred to as a 'novella') ever written in history. A tough read. But from a philosophical standpoint, extremely intriguing - as it forms parallels to such cases as this.<p>

 

What happens to a human being when he/she is finds themselves in the middle of no where, in the heat of battle, without the influences of higher authority, with (seemingly) all the power in the world right their hands to do whatever the hell they want and get away with it? The answer is (likely) almost always frightening. And I would imagine this is the sort of mental state the normally humane Ms. Harman experienced. We are all evil at heart and without the rules, guidelines, shelter, and daily reminders of a governing society we are utterly lost without restraint. <p>

 

I think the Abu Ghraib case is a prime example of this, and I thank God that I am not and American in Iraq right now, fighting a war that no longer has any real objective or foreseeable end (imo).