-Z- (Z@Gundam.Com)
Wed, 07 Jul 1999 20:08:54 -0700

At 15:48 7/7/1999 -0700, you wrote:
>>Later on, when he goes AWOL (again, desertion requires proof of intent to
>>quit the military permanently and not for just the time to, say, visit his
>>mother) with the Gundam,
>I think you confused one event with the other. Amuro got permission to
>take a short leave to visit his mom in his Core Fighter. His desertion
>was right after overhearing the conversation between Bright and Mirai to
>remove Amuro as the pilot of Gundam due to his insubordinate attitude.

I used the example of visiting his mother as just that, an example of why
one might go Away WithOut Leave (AWOL) with no true intent to desert.

To prove desertion, a court would need evidence of intent to quit
permanently and not just for such time as it took to mull things over.
Obtaining false ID would be such evidence, as would fleeing the country
(meaning the area over which the military has jurisdiction -- Amuro would
have to either leave the planet or take up residence in Zeon occupied
territory to qualify for this) or taking citizenship in another country,
especially one without extradition agreements.

>Amuro left WB with the Gundam and it wasn't shown that he intended to
>return until intervening circumstances (Ramba's troop following Frau to
>the location of the WB) ocurred.

Failure to find evidence of intent to return is not a finding of evidence
of intent to desert. The burden of proof is on the state to show that the
accused had formed an intent to quit permanently, as opposed to just
running off until he could run no further and sitting down to await
whatever happens next.

The latter is not desertion, but it could be grounds for a charge of
cowardice. This would be mitigated by Amuro's youth, though, and the fact
that he did not quit the scene in the face of the enemy.


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