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The New MJIA-IPA

4/30/2021

2 Comments

 
Greetings all, here is the much awaited new proposal introduced 29 April 2021 for change.

This Act may be cited as the "Military Justice Improvement & Increasing Prevention Act."
​Standing by for comments.

Cheers, Phil Cave. (Lesson learned, you can't post Word documents, they have to be in .pdf)
2 Comments
Former DC
4/30/2021 12:35:17 pm

Is there a consensus on the probable impact of this bill?

From my pragmatic (cynical?) view, I would suspect that on the whole an attorney acting as the convening authority would prefer/refer fewer cases to court martial - especially the ones that are referred now 'just to see what happens.'

Subjectively, the intent seems to be 'prosecute more, convict more' - and I'm struggling to see how this proposal moves the ball in that direction.

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Lone Bear
5/3/2021 10:31:00 am

They should really just drop the “convening authority” model and just have prosecutors. Lawyers have the training to make these decisions, from charging to pleading, and this would be a step toward taking the right cases forward. There also needs to be judge alone sentencing (members don’t understand sentencing) and sentencing guidelines (to help ensure uniformity and leverage for pleas).

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