“The legal issue in his case was basically self-defense,” said Prof. Eric Carpenter, a retired Army judge advocate. “The rules of engagement at the time said you could only use force if you faced a hostile act or one was imminent.”
Lorance claimed the men posed a threat to his unit. The panel that heard his case disagreed, found him guilty of murder, and sentenced to twenty years of confinement. The series explores the difficulties of using force in a counter-insurgency, where the enemy looks like the local population, as well as the rules that govern how service members should behave in that complex environment.
Enter FIU Law. “The producers approached the military judge who sat in the case, and she referred them to me,” said Prof. Carpenter. A recognized expert in military justice, Prof. Carpenter has been on the Today Show and regularly appears in national print media.
“Courts-martial do not have cameras in them, so we thought it would be interesting to film our students discussing the case, much like the actual panel would have.”
The producers filmed Prof. Carpenter’s evidence and criminal law classes. “It was perfect timing. I was going over self-defense in criminal law that week, anyway. My evidence class discussed some of the impeachment issues and the ability of the defense to introduce good soldier character evidence.”
Prof. Carpenter also gave a lengthy interview where he explained some of the unusual features of the military justice system. “Overall, the system is very fair, primarily because every accused gets a good defense counsel who has the time and resources to fully litigate each case.”
Leavenworth airs on Sundays on Starz. FIU Law will be featured in episodes 3 and 5.