Legal Commentary

Steven Green Will Be Sentenced to Life

By TChris

After convicting Steven Green of hideous crimes in Iraq -- multiple murders and the rape of a 14-year-old girl -- the government tried to persuade Green's jury that Green deserved the punishment of death. A two week sentencing trial, followed by two days of deliberations, failed to produce a unanimous verdict. As Jeralyn noted here, Green will therefore be sentenced to life.

Some jurors who voted against death were apparently persuaded by evidence that combat stress impaired Green's ability to distinguish between Iraqis who posed a threat and those who didn't. That argument doesn't easily explain the rape of a teenage girl. The argument that probably had greater impact was eloquently capsulized by defense attorney Scott Wendelsdorf: "America does not kill its broken warriors." Juries are increasingly reluctant to impose death sentences, but they've always been disinclined to believe that men in uniform deserve death sentences.

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As this post notes, while Green was the most culpable of the defendants who participated in the crimes, others joined in raping the girl and plotting the murders. For testifying against Green, those defendants probably bought their release from confinement after seven years. The government's decision to seek Green's death was wildly disproportionate to the short sentences the government deemed appropriate for the other defendants.

Unfortunately, the decision to spare Green's life will not be popular in Iraq. It comes at a time of escalating violence.

Bombers struck in Baghdad and a northern city Thursday, killing three U.S. soldiers and nearly two dozen Iraqis in a new spasm of violence that has taken at least 66 lives in two days.

Ironically, failing to impose the death penalty on Green may lead to the deaths of other American soldiers.

Full post as published by TalkLeft on May 22, 2009 (boomark / email).