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44 A.F. L. Rev. 119 (1998)
Should the Military Adopt an Aford-Type Guilty Plea

handle is hein.journals/airfor44 and id is 123 raw text is: Should the Military Adopt an Aford-Type Guilty Plea? MAJOR STEVEN E. WALBURN* IJam absolutely, positively, 100% not guilty!' ORENTHAL JAMES SIMPSON I. INTRODUCTION Specialist Jones is married with two small children. He works in a battalion S-I office with Private First Class Smith, an attractive female soldier who is new to the unit. Smith is happily married and has a two-year-old child. Over time Specialist Jones finds himself increasingly attracted to Private Smith. Specialist Jones finally confides in Private Smith his feelings and his desire to have an affair. Private Smith rebuffs him, and demands that he leave her alone. His feelings for Private Smith growing every day, Specialist Jones continues to badger her. He is careful, however, to always approach Private Smith when they are alone. Finally Jones decides he must have Smith and begins planning to rape her. Specialist Jones knows that Private Smith's husband is away on temporary duty in Cuba. His own wife and child have gone out of town to visit her parents. After dark one evening Specialist Jones drives to Private Smith's neighborhood and waits until after midnight. Once confident that Private Smith has gone to bed, Jones carefully climbs through the kitchen window of Private Smith's quarters. Once inside, he dons a ski mask and enters Private Smith's bedroom. Jones brutally rapes Private Smith. Although she resists the attack, Jones repeatedly beats her until she slips into unconsciousness. After regaining consciousness, Smith is able to call the military police and report the rape. As a result of the assault Smith suffers broken ribs and a severe concussion. Since the attack, Private Smith has frequent nightmares and is often withdrawn. She regularly sees a psychologist and her relationship with her husband has greatly deteriorated. * Major Walburn (B.A., Virginia Intermont College; J.D., University of Tennessee; LL.M., United States Army Judge Advocate General's School), is an instructor, The Air Force Judge Advocate General School, Maxwell AFB, Alabama. He is a member of the Bar in Tennessee. ' Mr. Simpson's infamous response when asked by Judge Ito, How do you plead? The People Of The State Of California v. Orenthal James Simpson, No.. BA097211 (1995). Alford-Type Guilty Pleas-119

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