Law of Unintended Consequences (8/7/02)

By Dean Hartwell

In a recent six-week span, four soldiers stationed at Fort Bragg killed their wives. It brought attention to the problem of domestic violence at military bases and how to prevent it.

The Miles Foundation, a non-profit group that conducts research on the military, has concluded that soldiers on bases are more than twice as likely to commit an act of domestic violence than civilians.

The Bush Administration, under Defense Secretary Donald Rumsfeld, has completed the Defense Task Force on Domestic Violence. The task force has advised several policies on the matter, such as encouraging protective orders, confidentiality for victims, counseling, etc.

What should our society do?

First, we should look to appropriate law. In this case it is the Violence against Women Act. This law, passed as a part of a larger crime bill in 1994, makes it illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. Furthermore, the law amended the Gun Control Act of 1968, which had allowed those convicted of misdemeanor domestic violence to have a gun. Now, this same group of criminals forfeits its gun rights.

Because of this provision, prosecutors think twice when charges are brought against soldiers for domestic abuse. If a conviction occurs, the solider now loses the only item that makes them useful: their gun.

But, if prosecutors do not pursue the charges, offenders may well believe they can get away with domestic abuse or other crimes again.

Given this dilemma, prosecutors should decide which truth matters most to society. Here is one fact from the National Violence against Women Survey: 1.5 million women are assaulted every year in the United States. That's one assault every thirty seconds!

Certainly, our armed forces have a legitimate interest in keeping their soldiers useful. But just as we rely upon the forces to protect us from our enemies, we rely upon our prosecutors and law enforcement to protect us at home from criminals. We cannot abandon our interest in safety for those who have no regard for it.

The military is not without options. When the convicted have finished serving their time, the military can reassign them to military jobs that do not involve use of weapons. Better yet, it can discharge them and replace them with new recruits who respect the rights of others.

As for the upcoming trials for the soldiers at Fort Bragg, our reliance upon the legal system will be tested. Our safety may not be at stake personally, but our commitment to justice as its linchpin is.

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