UPDATE: Not Just the Army: DoD-wide Changes Coming to Disposition Authority Over Sex Offenses

9/22/2021

CNN: Pentagon announces plan to implement sexual assault commission recommendations

""The administration has placed an unprecedentedly high priority on this challenge set," Deputy Secretary of Defense Kathleen Hicks said during a briefing at the Pentagon on Wednesday. "We have now created the way ahead, called the implementation road map, and Secretary Austin has approved it in its entirety."

The implementation plan includes proposed changes to the Uniform Code of Military Justice and the planned creation of the Office of the Special Victim Prosecutor, which will remove the investigation of sexual assault and domestic violence from the chain of command, one defense official said."

Comment: I'm going to assume this is just sloppy writing. Surely the DoD does not include in its "plan" any legislative changes. We know from the Army that there are ways to achieve the same effect via regulation. Perhaps this is what is meant?

H/T to Isaac Samuels for the link.

UPDATE: Read the memo here.

Donald G Rehkopf, Jr.

9/23/2021 12:46:28 pm

What's missing from this picture?

!RC Priority Recommendations:
• _Recommendation 1.1: [REVISED] 4 Establishment of Offices of Special Victims Prosecutors and removing prosecution of sexual assaults and related crimes out of the military chain of command.

• Recommendation 1.2: [REVISED] Independent, trained investigators for sexual harassment and mandatory initiation of involuntary separation for all substantiated -complaints.
* * * * *
System-Foundation Requirements
• Recommendation 1.5: Judge-alone sentencing in all noncapital general and special courts-martial and establishment of sentencing parameters.

• Recommendation 1.6: Expedite processing of proposed Executive Orders regarding military justice, including those currently awaiting issuance related to sexual assault, sexual harassment, and other special victim crimes.
* * * * *
• .Recommendation 4.2 e: Amplify victims' rights and services in the post-trial period.

Actions Currently Underway
• Recommendation 1.3: [REVISED] Study of judge-ordered Military Protective Orders for victims of sexual assault and related offenses.

• Recommendation 1.4: Professionalized career billets for military justice personnel handling special victim crimes.
* * * * *
• Cross Cutting Recommendation 3.a: [REVISED] Designated independent judge advocates should replace commanders in deciding whether a charge should be tried by a court-martial and, if so, whether by a special or general court-martial (i.e., the referral ·decision) in domestic violence cases, as the IRC recommends for sexual assault, sexual harassment, and other special victim crimes.
* * * * *
But, hey, there's this:

• Recommendation 1. 7 e: The Secretary of Defense should direct the Services to establish funding appropriate for defense counsel control of their own resources.

Anonymous

9/23/2021 09:02:48 pm

Does a system that generates acquittals on the majority of contested cases need more protections for the Accused?

Brenner

9/23/2021 09:24:44 pm

In the words of Judge Stucky: WHICH WAY DOES THAT CUT?

Lone Bear

9/23/2021 10:52:01 pm

Yep, the acquittals are because those folks weren’t guilty. Cut protections and innocent servicemembers become sex offenders.

9/23/2021 10:53:42 pm

Is this just meant to twart Congressional efforts to take Convening Authorities out of all serious offenses?

Comments are closed.

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UPDATE: Not Just the Army: DoD-wide Changes Coming to Disposition Authority Over Sex Offenses

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