There have been instances where defendants were not mobilized due to an «active» judicial process taking place. This means that the court was actively involved in the case and did not see the need to mobilize the defendants for military service.
In some cases, the defendants were facing serious charges and the court believed that their presence was necessary for a fair and just trial. This could be due to the fact that the defendants were key witnesses or had important information that could affect the outcome of the case.
In other instances, the defendants themselves requested to be exempt from military service due to their involvement in ongoing legal proceedings. This could be seen as a strategic move to delay their military service or to avoid it altogether.
One such example is the case of Private Bradley Manning, who was accused of leaking classified information to WikiLeaks. Manning’s defense team argued that his presence was crucial for the trial and requested that he be exempt from military service. The court granted this request and Manning was not mobilized during the trial.
Another example is the case of Sergeant Bowe Bergdahl, who was charged with desertion and misbehavior before the enemy. Bergdahl’s lawyers argued that his presence was necessary for the trial and requested that he be exempt from military service. The court granted this request and Bergdahl was not mobilized during the trial.
These cases highlight the importance of a fair and just trial, where all parties involved have the opportunity to present their case. By not mobilizing the defendants, the court ensures that they have the necessary time and resources to prepare for their defense.
Moreover, in some cases, the defendants may have already served in the military and were honorably discharged. In such cases, the court may take into consideration their previous service and decide not to mobilize them again.
However, it is important to note that not all defendants are exempt from military service due to an ongoing legal process. In cases where the court does not see the need for the defendants’ presence, they may still be mobilized for military service.
Furthermore, the decision to exempt defendants from military service is not solely based on the ongoing legal process. The court also takes into consideration the needs of the military and the availability of other personnel to fill in the vacant positions.
In conclusion, there have been instances where defendants were not mobilized due to an «active» judicial process taking place. This is done to ensure a fair and just trial, where all parties have the necessary time and resources to present their case. However, this decision is not taken lightly and the court considers various factors before granting an exemption from military service.