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A Washington Post article that's worth the read:
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
6 Comments
AF JAG
4/15/2021 10:58:38 am
I tend to agree with reasonable proposals that remove political concerns from the referral process, to include giving sole authority to military prosecutors to decide which cases go to trial. I think the squadron commander’s input should be considered, but not the final say. Opponents of this may argue that it could cause a rift between commanders and their legal offices, but in my experience commanders are highly deferential and trusting of their legal team. If the legal office wants to go a different direction and has a rational reason for doing so, I am willing to bet squadron commanders will concur and if anything, likely be relieved to have this burden lifted from them. I would go a step further and propose that we assign a seasoned JAG or two to every circuit (this is an AF construct) and have them make charging decisions for the bases in their circuit. Since the military service TJAGs get grilled by Congress from time to time about how we handle sexual assault, I think there is still a risk that the politics will trickle down to the base legal offices. Having JAGs with an independent chain of command (much like the ADCs) would do more to remove this pressure. Let those with a bar license on the line make the legal decisions.
Concerned Citizen
4/15/2021 11:57:05 am
Will the reform include a right to a unanimous jury of one's peers?
Sua Sponte
4/15/2021 10:57:49 pm
Does that mean accused get real Art 32 hearings again? Jury of their peers, not preselected by the CA? Unanimous verdict convicts, not 3/4ths? If not, then it should not go to military prosecutors. 4/16/2021 02:07:12 am
Fine piece of journalism. Democracy dies in the darkness, indeed - especially without the benefit of such normatively neutral reporting to illuminate the path toward the light. We'll see how fickle the prevailing political winds can be here in just a few short months.
Brenner M. Fissell
4/16/2021 10:42:16 am
Can you explain?
Former Defender
4/16/2021 11:14:52 am
In our current system there are no hung juries, so a unanimous panel has some cost to the accused as well. The military system is the easiest system in the country to get an acquittal. Your comment will be posted after it is approved.
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