Is a Major Change to Military Justice in the Works?
By Michel Paradis
Monday, May 4, 2020, 11:30 AM
In the most recent National Defense Authorization Act, Congress directed the secretary of defense to make a recommendation as to whether the Uniform Code of Military Justice (UCMJ) should be amended in a way that will change the basic structure of the court-martial system.
Specifically, Congress asked if it should give the discretionary power to charge service members with serious crimes (defined as anything that could result in a sentence of a year or more) to a specially designated senior judge advocate (that is, a military lawyer). The secretary’s report is not due until the fall, but in a “shadow report†released last week, a group of prominent military justice scholars endorse the idea as a long-overdue fix to military justice. The report suggests that the change should be implemented promptly via a three-year pilot program.
https://www.lawfareblog.com/major-change-military-justice-works