Army Lawyer Feb.Indd

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Army Lawyer Feb.Indd THE ARMY LAWYER Headquarters, Department of the Army February 2011 ARTICLES Fight for Your Country, Then Fight to Keep Your Children: Military Members May Pay the Price . Twice Major Jeri Hanes Something More Than a Three-Hour Tour: Rules for Detenti on and Treatment of Persons at Sea on U.S. Naval Warships Major Winston G. McMillan Surviving the Multi plicity/LIO Family Vortex Captain Gary E. Felicetti TJAGLCS PRACTICE NOTES Faculty & Staff , The Judge Advocate General’s Legal Center & School LEGAL RESEARCH NOTE Researching Biomedical Literature on PubMed Heather M. Enderle BOOK REVIEWS The Secrets of Abu Ghraib Revealed: American Soldiers on Trial Reviewed by Major Eric J. Lawless CLE NEWS CURRENT MATERIALS OF INTEREST Department of the Army Pamphlet 27-50-453 Editor, Captain Madeline Yanford Assistant Editor, Captain Ronald T. P. Alcala Assistant Editor, Major Ted Martin Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly The Judge Advocate General’s School, U.S. Army. The Army Lawyer by The Judge Advocate General’s Legal Center and School, Charlottesville, welcomes articles from all military and civilian authors on topics of interest to Virginia, for the official use of Army lawyers in the performance of their military lawyers. Articles should be submitted via electronic mail to legal responsibilities. Individual paid subscriptions to The Army Lawyer are [email protected]. Articles should follow The available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Bluebook, A Uniform System of Citation (19th ed. 2010) and the Military Charlottesville, Virginia, and additional mailing offices (see subscription form Citation Guide (TJAGLCS, 15th ed. 2010). No compensation can be paid for on the inside back cover). POSTMASTER: Send any address changes to The articles. Judge Advocate General’s Legal Center and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions The Army Lawyer articles are indexed in the Index to Legal Periodicals, expressed by the authors in the articles do not necessarily reflect the view of the Current Law Index, the Legal Resources Index, and the Index to U.S. The Judge Advocate General or the Department of the Army. Masculine or Government Periodicals. The Army Lawyer is also available in the Judge feminine pronouns appearing in this pamphlet refer to both genders unless the Advocate General’s Corps electronic reference library and can be accessed context indicates another use. on the World Wide Web by registered users at http://www.jagcnet.army. mil/ArmyLawyer. The Editor and Assistant Editor thank the Adjunct Editors for their invaluable assistance. The Board of Adjunct Editors consists of highly Address changes for official channels distribution: Provide changes to qualified Reserve officers selected for their demonstrated academic excellence the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center and legal research and writing skills. Prospective candidates may send and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Microsoft Word versions of their resumes, detailing relevant experience, to Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension the Technical Editor at [email protected]. 3396) or electronic mail to [email protected]. The Editorial Board of The Army Lawyer includes the Chair, Articles may be cited as: ARMY LAW., [date], at [first page of article], Administrative and Civil Law Department; and the Director, Professional [pincite]. Writing Program. The Editorial Board evaluates all material submitted for publication, the decisions of which are subject to final approval by the Dean, Lore of the Corps “The Largest Murder Trial in the History of the United States”: The Houston Riots Courts-Martial of 1917 Fred L. Borch III ................................................................................................................................................................... 1 Articles Fight for Your Country, Then Fight to Keep Your Children: Military Members May Pay the Price . Twice Major Jeri Hanes ................................................................................................................................................................... 4 Something More Than a Three-Hour Tour: Rules for Detention and Treatment of Persons at Sea on U.S. Naval Warships Major Winston G. McMillan................................................................................................................................................. 31 Surviving the Multiplicity/LIO Family Vortex Captain Gary E. Felicetti ..................................................................................................................................................... 46 TJAGLCS Practice Notes Faculty, The Judge Advocate General’s Legal Center & School Legal Research Note Researching Biomedical Literature on PubMed Heather M. Enderle .............................................................................................................................................................. 57 Book Reviews The Secrets of Abu Ghraib Revealed: American Soldiers on Trial Reviewed by Major Eric J. Lawless ..................................................................................................................................... 58 CLE News ................................................................................................................................................................ 63 Current Materials of Interest ............................................................................................................................. 73 Individual Paid Subscriptions to The Army Lawyer ................................................................ Inside Back Cover FEBRUARY 2011 • THE ARMY LAWYER • DA PAM 27-50-453 Lore of the Corps “The Largest Murder Trial in the History of the United States”: The Houston Riots Courts-Martial of 1917 Fred L. Borch III Regimental Historian & Archivist [Editor’s Note: As February is “Black History Month,” this Lore of the Corps about African-American Soldiers is both timely and appropriate.] On the night of 23 August 1917, about 100 African- particular infuriated African-American Soldiers who heard American Soldiers assigned to the 24th Infantry Regiment it, and the slur “was invariably met by angry responses, marched from their nearby camp into Houston, Texas. They outbursts of profanity and threats of vengeance.”3 More were armed with Springfield rifles, and were enraged than a few Soldiers were arrested or beaten, or both, as a because they believed that one of their fellow Soldiers had result of these run-ins with local citizens.4 been killed by the local police. As the troopers moved through Houston, they fought a running battle with civilians, Matters came to a head on 23 August, when a white Houston police officers and elements of other military units Houston police officer beat two African-American Soldiers stationed in the city. When the riot ended, fifteen white men in two separate incidents; the second beating occurred when had been killed. Sixty-three African-American Soldiers the Soldier-victim was questioning the policeman about the believed to be responsible for the riot—and the deaths— earlier assault. When this second victim did not return to were subsequently court-martialed in the “largest murder camp, a false rumor began that he had been “shot and killed trial in the history of the United States.”1 While the story of by a policeman.”5 Although this second victim ultimately Houston riots trial is worth knowing, the impact of the tragic did return—proving that he had not been killed—his fellow event on the evolution of the military justice system is what infantrymen were so upset that they decided to take matters makes it important in our Corps’ history. into their own hands. After America entered World War I in April 1917, a Despite entreaties from their commander, Major (MAJ) battalion of the all-black 24th Infantry Regiment was sent to Kneeland S. Snow, to remain in camp and stay calm, about Houston, Texas to guard the construction of a new training 100 men mutinied and departed for Houston.6 Having seized facility called Camp Logan. While the local white citizens their Springfield rifles and some ammunition, the Soldiers’ of Houston welcomed the economic prosperity that they intent was to kill the policeman who had beaten their fellow believed that Camp Logan would bring to their community, Soldiers—and as many other policemen as they could locate. they loudly protested the decision to station African- American Soldiers in Houston. In racially segregated Once inside the city, the infantrymen fought a series of Texas—with its Jim Crow culture—white people did not running battles with the Houston police, local citizens and like the idea of well-armed African-American Soldiers in National Guardsmen, before disbanding, slipping out of their midst. Some whites also feared that these troops might town, and returning to camp. While the riot had lasted bring ideas and attitudes that “would cause local blacks to merely two hours, it ultimately left fifteen white citizens ‘forget their place.’”2 dead (including four Houston police officers); some of the dead had been mutilated by bayonets. Eleven other civilian From the outset, the Soldiers of the 24th Infantry men and women had been seriously injured. Four Soldiers
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