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In a The Hill piece entitled "Military commanders shouldn't have prosecution authority," we have another take on some of the arguments in favor of maintaining the status quo on disposition authority. Schlueter and Schenck’s defense of the status quo boils down to their assertion that sexual assaults and rape are worse in civilian society, military members are more likely to be prosecuted than civilians and that commanders make reasonable decisions when determining who should be prosecuted. Editor's note. Surely (yes, DMLHS, surely), the argument is not about whether the civilian or military justice system deal with the situation better, but about who in the military system could or would do it better.
Cheers, PC.
3 Comments
Concerned Citizen
5/17/2021 12:27:58 pm
A lot of the background to the "reforms" of the last decade surrounding sexual assault is the claim that the military "doesn't take sexual assault seriously." Seems like comparing it's handling of the issue to how other organizations handle it is at least relevant.
Lone Bear
5/21/2021 04:36:00 pm
Noticed the Federalist Society is pushing out some articles opposing independent prosecutors, using arguments like "Legal ethics don't apply to Commanding Officers." Wonder if this will impact conservative support for the bill.
Scott
5/23/2021 09:32:43 pm
Will have to look that up. It seems like that would be an argument that would largely support independent prosecutors - in that it would presumably be considered a net positive to have legal decisions made within the framework of legal ethics. Your comment will be posted after it is approved.
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