A new article recently submitted on SSRN:
WHO IS PREFERRED TO REFER? THE PROPOSED TRANSFER OF PROSECUTORIAL DISCRETION IN THE MILITARY - Megan Greer
"Many argue that military commanders are unfit to have the power of prosecutorial discretion because of their lack of a formal legal education and propensity to abuse discretion when allegations of misconduct involve those in leadership. Meanwhile, others argue that commanders
are the only ones fit to hold this power. The current military justice system follows along the latter train of thought, as commanders are the individuals responsible for those within their units and are tasked with the goal of maintaining good order and discipline throughout the military. Consequently, the transfer of prosecutorial discretion to high-ranking military lawyers would undermine commanders’ ability to carry out their duties and would negate the purpose of the commander’s role as codified in the Uniform Code of Military Justice and Manual for Courts- Martial. Because of this, Congress should reject the proposals contained in both the 2020 Military Justice Improvement Act and § 540F of the 2020 National Defense Authorization Act and should instead enact a new provision to the Uniform Code of Military Justice that re-emphasizes commanders’ leadership roles and responsibilities."
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law