In the case of the Missing Marine:
Onslow County District Attorney Dewey Hudson said he has no plans to step aside for a military prosecution. That makes it unlikely that Laurean would be prosecuted under the federal fetal homicide law passed in 2004 during the height of attention to the California trial of Scott Peterson, who was accused of murdering his pregnant wife, Laci. The law makes it a crime to harm a fetus during the assault of a pregnant woman.I say this might be a reasonable situation for a joint prosecution.
The military could seek charges at the same time as civilian authorities, said Scott Silliman, a former military lawyer who is now director of the Center on Law, Ethics and National Security at Duke University. But a joint prosecution is not recommended by the military's manual for courts-martial, Silliman said.
And yes, this is a case where justice trumps mercy.