For me the key word is allegation. Another Kerry, you may recall, alleged that US forces in Vietnam acted akin to the Germans in WWII. He too became a Senator. Counting allegations, especially from an environment in which battle-hardened (that is individuals who have become inured to what reasonably can be called “savagery” in civilian life) is a game for civilians disbelieving that their dearly and properly held standards must govern in a different environment. This is not to say combat is standard-free. It is to say that the military gets it right. As another example of the military understanding what is necessary in war’s environment, individuals sitting judgement in courts-martial of criminality in combat must also have served in combat. And yes, as you report, some charged are convicted.
You note, "Consider this. When you are in the United States and believe you have been the victim of a crime, you call the police and report the crime. That event is now officially a ‘crime reported to the police’ and the investigation begins. Maybe there is evidence to support your belief that you have been victimized, and maybe there is not. Maybe a suspect is identified and maybe that suspect is arrested. Or not. But regardless of what happens after the call for service, in all but the most unique circumstances, your call for service counts as a crime reported to the police. Crimes reported to police are not a nuanced idea."
I think this may present a distorted picture. The reality would seem to be that, just as in the military, in the civilian world, crime is vastly under-reported and therefore understated in most public, and academic, discussions. As this Pew Report from 2021 notes:
"What percentage of crimes are reported to police? What percentage are solved?
"Line charts showing that fewer than half of crimes in the U.S. are reported, and fewer than half of reported crimes are solved.
"Most violent and property crimes in the U.S. are not reported to police, and most of the crimes that are reported are not solved.
"In its annual survey, BJS asks crime victims whether they reported their crime to police. It found that in 2022, only 41.5% of violent crimes and 31.8% of household property crimes were reported to authorities. BJS notes that there are many reasons why crime might not be reported, including fear of reprisal or of “getting the offender in trouble,” a feeling that police “would not or could not do anything to help,” or a belief that the crime is “a personal issue or too trivial to report.”
"Most of the crimes that are reported to police, meanwhile, are not solved, at least based on an FBI measure known as the clearance rate. That’s the share of cases each year that are closed, or “cleared,” through the arrest, charging and referral of a suspect for prosecution, or due to “exceptional” circumstances such as the death of a suspect or a victim’s refusal to cooperate with a prosecution. In 2022, police nationwide cleared 36.7% of violent crimes that were reported to them and 12.1% of the property crimes that came to their attention."
No normal person excuses atrocities, either in military or civilian life. But if your point is that the military system tends to make crime disappear in a way that doesn't happen in civilian counting, I believe that is in need of considerable refinement. The actual amount of crime committed in this country is almost always substantially understated.
Bill Otis
former AUSA, EDVA
former Adjunct Professor of Law, Georgetown University Law Center
For me the key word is allegation. Another Kerry, you may recall, alleged that US forces in Vietnam acted akin to the Germans in WWII. He too became a Senator. Counting allegations, especially from an environment in which battle-hardened (that is individuals who have become inured to what reasonably can be called “savagery” in civilian life) is a game for civilians disbelieving that their dearly and properly held standards must govern in a different environment. This is not to say combat is standard-free. It is to say that the military gets it right. As another example of the military understanding what is necessary in war’s environment, individuals sitting judgement in courts-martial of criminality in combat must also have served in combat. And yes, as you report, some charged are convicted.
You note, "Consider this. When you are in the United States and believe you have been the victim of a crime, you call the police and report the crime. That event is now officially a ‘crime reported to the police’ and the investigation begins. Maybe there is evidence to support your belief that you have been victimized, and maybe there is not. Maybe a suspect is identified and maybe that suspect is arrested. Or not. But regardless of what happens after the call for service, in all but the most unique circumstances, your call for service counts as a crime reported to the police. Crimes reported to police are not a nuanced idea."
I think this may present a distorted picture. The reality would seem to be that, just as in the military, in the civilian world, crime is vastly under-reported and therefore understated in most public, and academic, discussions. As this Pew Report from 2021 notes:
"What percentage of crimes are reported to police? What percentage are solved?
"Line charts showing that fewer than half of crimes in the U.S. are reported, and fewer than half of reported crimes are solved.
"Most violent and property crimes in the U.S. are not reported to police, and most of the crimes that are reported are not solved.
"In its annual survey, BJS asks crime victims whether they reported their crime to police. It found that in 2022, only 41.5% of violent crimes and 31.8% of household property crimes were reported to authorities. BJS notes that there are many reasons why crime might not be reported, including fear of reprisal or of “getting the offender in trouble,” a feeling that police “would not or could not do anything to help,” or a belief that the crime is “a personal issue or too trivial to report.”
"Most of the crimes that are reported to police, meanwhile, are not solved, at least based on an FBI measure known as the clearance rate. That’s the share of cases each year that are closed, or “cleared,” through the arrest, charging and referral of a suspect for prosecution, or due to “exceptional” circumstances such as the death of a suspect or a victim’s refusal to cooperate with a prosecution. In 2022, police nationwide cleared 36.7% of violent crimes that were reported to them and 12.1% of the property crimes that came to their attention."
No normal person excuses atrocities, either in military or civilian life. But if your point is that the military system tends to make crime disappear in a way that doesn't happen in civilian counting, I believe that is in need of considerable refinement. The actual amount of crime committed in this country is almost always substantially understated.
Bill Otis
former AUSA, EDVA
former Adjunct Professor of Law, Georgetown University Law Center
Stanford Law '74