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(p. 207) to 9.35 percent of the Army's total, 25.9 percent of the soldiers sent to the stockade were Negroes. The following tabulation gives their percentage of all military prisoners by offense: Negro Military Offenses Percentage Absent without leave 13.4 Desertion 17.4 Misbehavior before the enemy 1.9 Violation of arrest or confinement 12.6 Discreditable conduct toward superior 49.6 Civil Offenses Murder 62.2 Rape 53.1 Robbery 33.1 Manslaughter 46.3 Burglary and housebreaking 29.0 Larceny 17.2 Forgery 8.9 Assault 59.0 _Source_: Correction Branch, TAGO, copy in CMH. The most common explanation offered for such statistics is that fundamental injustices drove these black servicemen to crime. Probably more to the point, most black soldiers, especially during the early postwar period, served in units burdened with many disadvantaged individuals, soldiers more likely to get into trouble given the characteristically weak leadership in these units. But another explanation for at least some of these crime statistics hinged on commanders' power to define serious offenses. In general, unit commanders had a great deal of discretion in framing the charges brought against an alleged offender; indeed, where some minor offenses were concerned officers could even conclude that a given infraction was not a serious matter at all and simply dismiss the soldier with a verbal reprimand and a warning not to repeat his offense. Whereas one commander might decide that a case called for a charge of aggravated assault, another, faced with the same set of facts, might settle for a charge of simple assault. If it is reasonable to assume that, as a part of the pattern of discrimination, Negroes accused of offenses like misconduct toward superiors, AWOL, and assault often received less generous treatment from their officers than white serv
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