Marine LtCol Thomas Jasper – PARK UNIVERSITY ADJUNCT FACULTY – CJ105 CRIMINAL LAW

Thomas F. Jasper Jr
Park University Adjunct Faculty
CJ105 Criminal Law
Semester Dates:  June 15 - December 8, 2009

CJ105 Criminal Law

for S2I 2009

Preview Syllabus

Course Description:
CJ105 Criminal Law: This course is a survey of the history and nature of criminal law in the United States. Substantive Criminal law, defenses, and criminal responsibility will be studied within the context of the criminal justice process and rules of evidence. 3:0:3

Educational Philosophy:

All students should engage in a life-long pursuit of learning to obtain a solid educational foundation in their chosen discipline.

I challenge you to absorb the presented information and academic perspectives and strive to develop independent-analytical viewpoints.  Be prepared to engage in lively class discussion and debate based from lectures, readings, quizzes, dialogues, and your pesonal experiences to enhance your academic development.

Learning Outcomes:
Core Learning Outcomes

1. Delineate a basic understanding of the historical development of criminal law in the United States, while perceiving the nature and purpose of criminal law.
2. Demonstrate knowledge of the substantive criminal law, both common law and modern statutes, including the different categories of crimes and the elements of each.
3. Employ improved ability to effectively gather, evaluate, and communicate information in both written and oral forms

Core Assessment:

Core Assessment Assignment

For use beginning Fall 2008

During the course you are required to write three essays, each comparing a modern state statute with corresponding historical common law for that crime.  The purpose in writing these essays is to examine the historical development of criminal law from common law principles to current state statutes, the relationship between criminal justice and the law, and the social policy implications of criminal law development.

Instructors may schedule the essays to be collected all at once or at different times during the course.

To complete each of the three essays, you should:

1. Write three essays: One essay will discuss uncompleted or inchoate crimes or parties to crimes. A second essay will discuss a crime against persons. A third essay will discuss a crime against property.
2. Select a state and its statute making an act a crime (e.g. stealing).
3. Research the historical common law for that crime.
4. Based on your research, compare the current criminal statute with the historical common law to see how the elements of the crime have evolved.
5. Write a short essay, 1,250 words or five typewritten or computer-generated pages, describing the elements of the current state statute, the elements of the historical common law, and comparing the elements and how they have changed. Discuss possible reasons for the changes in the elements, how the interaction of criminal justice agencies and the law may have contributed to these changes, and suggest new changes in the statute, based on society’s needs today.

Each of your three essays must include:

1. A cover page
2. Introduction
3. Description of the elements of the crime under historical common law
4. Description of the elements of the current state statute for that crime
5. Compare how the elements of the crime have changed from the historical common law to the current state statute
6. Discuss possible reasons for the changes
7. Suggest new changes in the statute, based on society’s needs today
8. Reference page, using APA style

You must demonstrate that you understand the terminology and the concepts used in criminal law. You must write using APA format for all source citations in both the body of the essay and in the reference page.Be sure to review the Core Assessment Rubric.

Link to Class Rubric

Class Assessment:

A.  Chapter review (homework submissions), Chapters 1-14.  Be prepared to answer ‘questions for discussion’ at the end of each section.

B.  Three essays as indicated in the core assessment section

C.  Students will make a 15-minute class presentation on one aspect of the law.  Topic will be approved by instructor.

D.  Final Exam to be held in class

Grading:

Classroom participation from assigned Chapter and associated review questions is valued up to 10 points per class for a total of 140 points.
Attendance 70 points (5 points per session)

Three Essays 150 points (50 points each)

Final Exam 120 points

Student presentation 50 points

Total possible points:   530

A 477-530

B 424-476

C 371-424

D 318-370

F Below 318

Late Submission of Course Materials:

Late work will receive a 10% deduction per class session late.

Classroom Rules of Conduct:
Please be respectful of other student’s opinions and stay attentive throughout the entire class.

Course Topic/Dates/Assignments:

Session 1:  Chapter 1:  The Nature and History of Criminal Law

Session 2:  Chapter 2:  Criminal Liability and the Essence of Crime

Session 3:  Chapter 3:  Expanding the Concept of Crime

Session 4:  Chapter 4:  Extending Criminal Liability:  Inchoate Offenses and Parties to Crime

                 Essay assignment

Session 5:  Chapter 5:  Justifications as Defenses

                 Student presentations

Session 6:  Chapter 6:  Excuses as Defenses

                 Student presentations

Session 7:  Chapter 7:  The Defense of Insanity

                 Student presentations

Session 8:  Chapter 8:  Legal and Social Dimensions of Personal Crime: Homicide

                 Essay assignment

Session 9:  Chapter 9:  Legal and Social Dimensions of Personal Crime:  Assault, Battery, and Other Personal Crimes

Session 10: Chapter 10:  Legal and Social Dimensions of Property and Computer Crimes

Session 11: Chapter 11:  Offenses Against Public Order and Administration of Justice

Session 12: Chapter 12:  Offenses Against Public Morality

                  Essay assignment

Session 13: Chapter 13:  Victims and the Law

Session 14: Chapter 14:  Punishment and Sentencing

                  Final Exam Review

Marine LtCol Thomas Jasper – PARK UNIVERSITY ADJUNCT FACULTY – PO200 AMERICAN NATIONAL GOVERNMENT

Thomas F. Jasper Jr - Park University Adjunct Faculty
PO200 American National Government
Semester Dates June 15-December 8 2009

https://app.park.edu/syllabus/syllabus.aspx?ID=629856




PO200 American National Government

for S2I 2009

Preview Syllabus

Mission Statement: The mission of Park University, an entrepreneurial institution of learning, is to provide access to academic excellence, which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.

Vision Statement: Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.

Course	PO 200 American National Government
Semester	S2I 2009 EMC
Faculty	Jasper, Thomas F Jr.
Title	Adjunct Faculty
Degrees/Certificates	B.S. Political Science/History Juris Doctor LL.M (master in international law)
Office Location	US Bataan (LHD-5)
Office Hours	0600-2200
E-Mail	jasper@park.edu jasper@bataan.usmc.mil
Semester Dates	June 15 – December 8, 2009
Class Days	TBA
Class Time	TBA
Credit Hours	3

Textbook:

Volkomer, American Government, Twelfth Edition

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional Resources:

McAfee Memorial Library – Online information, links, electronic databases and the Online catalog. Contact the library for further assistance via email or at 800-270-4347.
Career Counseling – The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.
Park Helpdesk – If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students – A great place to look for all kinds of informationhttp://www.park.edu/Current/.
Course Description:
PO 200 American National Government: (GE) A survey of the functions and processes of the three branches of American national government. The changing roles of the branches and their relationship to the public will be emphasized. 3:0:3

Educational Philosophy:

All students should engage in a life-ling pursuit of learning and strive to obtain a solid educational foundation in your chosen discipline.  I challenge you to absorb the presented information and academic perspectives and then pursue your own analytical development and independent viewpoints.  Be prepared to engage in lively class discussion and debate based from lectures, readings, quizzes, dialogues, and pesonal experiences for their academic development.

Learning Outcomes:
Core Learning Outcomes

1. Explain the historical and constitutional basis for the federal government’s structure and its system of checks and balances
2. Evaluate the role of public opinion, media and interest groups in the development of public policy and elections
3. Analyze the conduct of elections and explain group and individual voting behavior.
4. Analyze the creation of policy and administration of government programs

Core Assessment:

Core Assessment

All Park University courses must include a core assessment that measures Departmental Learning Outcomes.  The purpose of this assessment is to determine if expectations have been met concerning mastery of learning outcomes across all instructional modalities.  The core assessment for this course is a portfolio of written work and will account for at least 20% of the total grade for the course and cover all four of the Core Learning Outcomes.

Link to Class Rubric

Class Assessment:

Course Requirements:

Assignment                                    Percentage of Final Grade

Class Participation                         15%

Exam One-Week 4                       15%

Exam Two-Week 8                       20%

Exam Three-Week 12                   20%

Final Exam-Week 15                     30%

Grading:

Exams will consist of short answer questions and essays.  Each of the first three exams will encompass 20% of your final grade.  The final exam is comphrehensive and constitutes 30% of the final grade.  Pop quizzes will occur periodically throughout the semester.  These quizzes will cover the assigned readings and will constitute 10% of the final grade.

Late Submission of Course Materials:
Students who miss one of the quizzes or exams may make it up only with the permission of the instructor.

Classroom Rules of Conduct:
Please be on time and attentive.

Course Topic/Dates/Assignments:

COURSE OUTLINE

Week                     Assignment

One                        Chapter 1

Two                        Chapter 2

Three                      Chapter 3

Four                       Chapter 4, Exam

Five                        Chapter 5

Six                          Chapter 6

Seven                     Chapter 7

Eight                       Chapter 8, Exam

Nine                       Chapter 9

Ten                         Chapter 10

Eleven                     Chapter 11

Twelve                    Chapter 12, Exam

Thirteen                   Chapter 13

Fourteen                  Chapter 14

Fifteen                     Final Exam

Marine LtCol Thomas Jasper - MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (SHORT TITLE: LEGADMINMAN) - Boards of Inquiry, BOI

http://www.marines.mil/Portals/59/MCO%20P5800.16A%20W%20CH%201-7.pdf

 MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (SHORT TITLE: LEGADMINMAN)

Marine LtCol Thomas Jasper - Marine Corps Defense Services Organization - "... courts-martial, boards of inquiry, and administrative separation boards..."

http://www.hqmc.marines.mil/dso/DSOHome.aspx

About the DSO
"The Marine Corps Defense Services Organization (DSO) is a global criminal defense law firm comprised of over 60 Marine judge advocates and legal service support staff who are passionate about defending Marines at courts-martial, boards of inquiry, and administrative separation boards.  We put our clients first – above our own careers, the interests of the command, and Marine Corps.  We leverage our years of experience in fighting – and winning – hard battles against the government to help achieve the best possible results for our clients.  While no attorney can guarantee you a result, if you are a Marine accused, there is no better team in your corner than the DSO."

Marine LtCol Thomas Jasper - MARINE CORPS LEGAL SERVICES MILITARY JUSTICE REPORT FISCAL YEAR 2012

http://www.hqmc.marines.mil/Portals/135/Docs/JAI/USMC%20MilJus%20Report%202012%20-%201%20Mar%2013%20FINAL.pdf

"The Marine Corps consistently maintains a special and general court-martial docket of 

approximately 600 cases. As demonstrated above, a large percentage will be disposed of at 

alternative forums such as administrative separation boards, summary courts-martial, or 

nonjudicial punishment (NJP). These alternative dispositions still require judge advocate 

support, as suggested by the 768 administrative separation boards and 58 Boards of Inquiry 

conducted by the Marine Corps in FY 12 (an increase of over 50% from FY 11). Each board 

requires a defense counsel to represent the respondent and, typically, a trial counsel to serve as recorder. 

In Boards of Inquiry, an Article 27(b) certified attorney must serve as the trial counsel. 

NJP counseling, Article 138, UCMJ complaints, and Request Mast petitions by Marines and 

Sailors also contribute to the workload of the average defense counsel. In FY 12, Marine 

defense counsel provided advice to over 10,000 military servicemembers during walk-in 

counseling sessions, in addition to the advice they provided to defense clients to whom they had 

been detailed."

Marine LtCol Thomas Jasper 10 U.S.C. 1182 - BOARDS OF INQUIRY

U.S. GOVERNMENT PRINTING OFFICE

10 U.S.C. 1182 - BOARDS OF INQUIRY

http://www.gpo.gov/fdsys/granule/USCODE-2010-title10/USCODE-2010-title10-subtitleA-partII-chap60-sec1182

Marine LtCol Thomas Jasper PROCEDURES APPLICABLE TO COURTS AND BOARDS OF INQUIRY JAGINST 5830.1A

JAG INSTRUCTION 5830.1A

PROCEDURES APPLICABLE TO COURTS AND BOARDS OF INQUIRY

http://www.jag.navy.mil/library/instructions/5830_1A.pdf

Marine LtCol Thomas Jasper - Marine Corps Marathon 2010

Thomas Jasper: Thomas Jasper Marine Corps Marathon 2010: Thomas Jasper Marine Corps Marathon 2010

Marine LtCol Thomas Jasper - Marine Corps Marathon 2010

Thomas Jasper
Marine Corps Marathon 2010

Marine LtCol Thomas Jasper - United States Marine Corps 22nd Marine Expeditionary Unit Veterans Day 2008

http://commons.wikimedia.org/wiki/File:USMC-081110-M-3580L-010.jpg
10 November 2008

Cpl. Jeremy Andrews, left, and Maj. Tom Jasper, both with the 22nd Marine Expeditionary Unit, stand next to a retired Marine as Andrews cuts a piece of cake during a small Marine Corps Birthday ceremony held Nov. 10, 2008, at P.J. Clarkes in New York. The Marines had just attended a concert by the Quantico Marine Corps Band in Battery Park. The Marines were in New York to support Veterans Day and the reopening of the Intrepid Sea, Air and Space Museum after a two-year renovation project. (Official U.S. Marine Corps photo by Lance Cpl. Brian Lewis.)

Marine LtCol Thomas Jasper - Marine Corps - 22nd MEU Photos

22nd MEU Photos

Marine LtCol Thomas Jasper - 2005 Oahu Perimeter Run

Marine LtCol Thomas Jasper - Service members and civilians get down and dirty at 12th Annual CSSG-3 Swamp Romp Marine Corps Base Hawaii News Article Display

Service members and civilians get down and dirty at 12th Annual CSSG-3 Swamp Romp Marine Corps Base Hawaii News Article Display



By Lance Cpl. Ryan Trevino | Marine Corps Base Hawaii | March 31, 2006



MARINE CORPS BASE HAWAII, KANEOHE BAY --The 1st Battalion, 12th Marine Regiment's "Steel Rain" led the pack of military teams that raced in the 12th Annual Combat Service Support Group 3 Swamp Romp held here Saturday. Their winning time was 36:54. The Headquarters Battalion's "Mud Warriors" finished second with a time of 37:28 and Camp Smith's "Soc it to Me" took third, finishing the course in 39:44. The overall category race winner went to a civilian team with a time of 36:52. The overall women's category winner was another civilian team, and the "Swamp Pikas" from 3rd Radio Battalion took top honors in the mixed category, which consisted of both male and female team members. 

More than 2,000 people looked on as the mud-soaked competitors fought their way through the 4.5-mile course that was riddled with obstacles, deep mud pits, and murky pond water. Parts of the race were also run on the beach here, according the Stacy Barkdull, varsity sports and race coordinator, Marine Corps Community Services, here. 

"There was even simulated machine-gun fire and fake mortars going off in the pond area, blowing up mud all over everyone," said Barkdull. 
More than 261 teams, consisting of six members each, from on base and around Hawaii entered to race in the event, which was coordinated and hosted by CSSG-3 and MCCS and sponsored by several businesses from the around Hawaii and abroad, said Barkdull. CSSG-3 provided more than 250 Marines from their unit to volunteer at the event. 

"This was the biggest Swamp Romp in twelve years," she said. "We had an awesome turnout. There were so many people involved - it was great." 
Barkdull said the reason this was such a huge event was because of the uniqueness of this race as compared to other races in Hawaii. 

"It's the only race of its kind done on the island," she said. "You can always find a 10K somewhere, but we are the only ones who have a race like this." 
The difficulty of the course caught a few participants by surprise this year. 
"The race was a lot tougher than I thought it was going to be," said David Prislin of the "Mud Warriors" team. "But, the ocean part came at exactly the right time and cooled us down halfway through the race though." 

"It was equivalent to running three PFTs consecutively," said Tom Jasper, also a member of the "Mud Warriors." "You're knee-deep in water and mud, 75 percent of the course." 
Jasper said the grueling course drains every ounce of energy out of you. He admitted that he would have rather run the Oahu Perimeter Race than run the Swamp Romp. 

James Connelly, team captain of the "Mud Warriors" said the course this year was more difficult than last year's course. 

"I think it was due to all the rain," said Connelly. "There was thicker mud, and we were slipping a lot and sinking." 
The "Mud Warriors," who came in second place in the military category and third place overall, said they were pretty satisfied with how they performed March 25. 

"We pulled together a strong team this year," said Connelly. 
His teammate Prislin added, "We came out here to do well, and I think we did that." 

Members of other teams who finished the race shared their thoughts on this year's course. 

Adrian Madsen, a member of a Camp Smith team, said he thought the course was great, but it was a smoker. 

"You have to dig deep to finish," said Madsen. 

Each team crossed the finish line equipped with nothing but their hearts and huge smiles on their faces. They had run the gauntlet and lived to tell about it. Not satisfied with the amount of mud they had already endured, the six-member teams then proceeded to run past the finish line and jump head first into a huge mud pit just to pose for team pictures. 

Trophies were presented to the members of the overall winning team, and plaques and medals were awarded to the top finishers in each category during an awards ceremony after the race. Even as the awards ceremony was underway, participants sprayed each other with water hoses, revealing the true spirit of the Swamp Romp - fun. 

Marine LtCol Thomas Jasper - MCBUL 1040. FISCAL YEAR 2001 OFFICER RETENTION BOARD (ORB) RESULTS

MCBUL 1040. FISCAL YEAR 2001 OFFICER RETENTION BOARD (ORB) RESULTS



Thomas F. Jasper, Jr.

http://www.marines.mil/News/Messages/MessagesDisplay/tabid/13286/Article/114717/mcbul-1040-fiscal-year-2001-officer-retention-board-orb-results.aspx

Marine LtCol Thomas Jasper - OFFICER PROMOTIONS FOR AUGUST 2005 AND PLANNED OFFICER PROMOTIONS FOR SEPTEMBER 2005 The Official United States Marine Corps Public Website Messages Display

OFFICER PROMOTIONS FOR AUGUST 2005 AND PLANNED OFFICER PROMOTIONS FOR SEPTEMBER 2005 The Official United States Marine Corps Public Website Messages Display

Marine LtCol Thomas Jasper - ACADEMIC YEAR 2007 (AY07) INTERMEDIATE LEVEL SCHOOL (ILS) SELECTION BOARD RESULTS

ACADEMIC YEAR 2007 (AY07) INTERMEDIATE LEVEL SCHOOL (ILS) SELECTION BOARD RESULTS

http://www.marines.mil/News/Messages/MessagesDisplay/tabid/13286/Article/114499/academic-year-2007-ay07-intermediate-level-school-ils-selection-board-results.aspx

Marine LtCol Thomas Jasper - The Nuclear Sphinx of Tehran

The Nuclear Sphinx of Tehran

Lt Col Thomas Jasper - OFFICER PROMOTIONS FOR NOVEMBER 2011 AND PROJECTED OFFICER PROMOTIONS FOR DECEMBER 2011 The Official United States Marine Corps Public Website Messages Display

OFFICER PROMOTIONS FOR NOVEMBER 2011 AND PROJECTED OFFICER PROMOTIONS FOR DECEMBER 2011 The Official United States Marine Corps Public Website Messages Display

Lt Col Thomas Jasper - This Day In Marine Corps History - July 4, 1801

4 July 1801: President Thomas Jefferson reviewed the Marines, led by the Commandant of the Marine Corps, LtCol William W. Burrows and the Marine Band, on the White House grounds. The smartly uniformed Marines performed drills and fired various salutes in observance of the new nation's 25th anniversary.

Lt Col Thomas Jasper - Independence Day 2014

15 June - This Day In Marine Corps History

15 June 1944: Preceded by naval gunfire and carrier air strikes, the V Amphibious Corps assaulted the west coast of Saipan, Marianas Islands. By nightfall, the 2d and 4th Marine Divisions, moving against heavy opposition, had established a beachhead 10,000 yards wide and 1,500 yards deep.

This Day in Marine Corps History

Federal Bar Association Selects Marine Corps Captain Thomas Jasper as Recipient for Younger Federal Lawyers Award

September 2003

The Younger Lawyers Division of the Federal Bar Association selected Captain Thomas Jasper of the United States Marine Corps (USMC) as a recipient of the 2003 Younger Federal Lawyers Award.  The award program is designed to recognize outstanding young federal attorneys selected from among those nominated by agency heads, general counsels, and fellow attorneys throughout the country and overseas.

Captain Jasper was presented the award during the Younger Federal Lawyers Award Luncheon held September 19, 2003, at the Crystal Gateway Marriott in Arlington, Virginia.

Thomas Jasper - Marine Corps Marathon

Thomas Jasper - Marine Corps Marathon

Thomas Jasper - Marine Corps Birthday Ceremony 2008

Marines.mil - Photos

Nov 10, 2008

Cpl. Jeremy Andrews, left, and Maj. Tom Jasper, both
with the 22nd Marine Expeditionary Unit, stand next to a retired Marine as
Andrews cuts a piece of cake during a small Marine Corps Birthday ceremony held
Nov. 10, 2008, at P.J. Clarkes in New York. The Marines had just attended a
concert by the Quantico Marine Corps Band in Battery Park. The Marines were in
New York to support Veterans Day and the reopening of the Intrepid Sea, Air and
Space Museum after a two-year renovation project. Official U.S. Marine Corps
photo by Lance Cpl. Brian Lewis.)

Thomas Jasper - The Nuclear Sphinx of Tehran - Reviewed by Major Tom F. Jasper Jr

Thomas Jasper - Operation Unified Response

http://www.jag.navy.mil/news/jag_mag/archive/2010_VOL2/FULL_JAGMAG_II_2010.pdf

Thomas Jasper - All Charges Are Dropped in Case of Friendly Fire

http://online.wsj.com/news/articles/SB10001424052970204062704577221463254929598

By MICHAEL M. PHILLIPS
February 14, 2012

The military has dropped criminal charges against a U.S. tank commander whose crew mistakenly shot and killed a fellow Marine during a firefight in Afghanistan last year.

Maj. Gen. John Toolan, the senior U.S. commander in southwestern Afghanistan, decided not to proceed with a court martial for Sgt. Jason R. Byrd, who had been charged with negligent homicide and other offenses stemming from the friendly-fire death of Lance Cpl. Benjamin Schmidt on Oct. 6.

The Marines dismissed the charges against Sgt. Byrd "without prejudice," meaning they could be reinstated if new evidence surfaces. The notification letter, received Saturday by the defense team, didn't give a reason for dropping the criminal charges, which are very unusual in friendly fire cases. It's unlikely the case would be resurrected.

During an operation aimed at clearing Taliban fighters from a series of villages in Musa Qala District, Sgt. Byrd's tank and Lance Cpl. Schmidt's sniper team were positioned along a ridge to provide covering fire for the infantrymen below. The snipers had been taking sporadic shots at insurgents when Sgt. Byrd's tank, positioned about 700 yards to the north, sprayed the team with machine-gun fire.

Lance Cpl. Schmidt, a 24-year-old from San Antonio, died instantly from a shot to the head.

"My tank's mission on the battlefield was to protect fellow Marines, and that's exactly what I thought I was doing," Sgt. Byrd wrote Monday in a statement provided through his attorney. "I am going to live with this tragedy for the rest of my life."

Sgt. Byrd's attorney, Lt. Col. Tom Jasper, said the sergeant thought he and his three crewmen were the southernmost U.S. force on the ridge. Sgt. Byrd's men mistook the snipers for enemy fighters. Although he didn't verify the validity of the target himself, the sergeant authorized his men to fire, his lawyer said.

"You've got to trust your crew, and seconds matter," Lt. Col. Jasper said. "It was truly a fog-of-war situation that day."

A Marine investigation conducted late last year criticized the crew's lack of "situational awareness" and "faulty" procedures.

The fallout from Lance Cpl. Schmidt's death, including the effort to reconcile tankers and snipers at the small outpost they shared, was the subject of a front-page article in The Wall Street Journal published on Nov. 19-20.

The military held an investigative hearing in Afghanistan and last month charged Sgt. Byrd, 25, from Burnsville, N.C., with involuntary manslaughter and dereliction of duty, as well as negligent homicide. Under military procedures, it was then up to Gen. Toolan to decide whether to pursue a criminal trial.

"I would like to express how horribly bad I feel about this tragedy happening," Sgt. Byrd said. "My thoughts will always be with Lance Cpl. Benjamin Schmidt's family, friends, and the fellow Marines that served with and loved" him.

Lance Cpl. Schmidt's father, Dr. David Schmidt, the team doctor for the San Antonio Spurs professional basketball team, said he considered his son's death an accident of war and expressed relief that Sgt. Byrd would not face trial. "Our feeling is he has his own prison to live in," Dr. Schmidt said.