Author Topic: Is a Major Change to Military Justice in the Works?  (Read 235 times)

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rangerrebew

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Is a Major Change to Military Justice in the Works?
« on: May 05, 2020, 11:32:47 am »
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

rangerrebew

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Re: Is a Major Change to Military Justice in the Works?
« Reply #1 on: May 05, 2020, 11:40:16 am »
When I was in boot camp, we were told the first night that we were no longer protected Constitution.  We were protected by the Uniform of Military Justice and there was no justice.  The biggest danger to the military would be to make the UCMJ the little brother of the Constitution.  The very nature of what the  military does requires laws and regulations very different than in civilian life.  That is not to say it is perfect but, as the Constitution notes, laws and regulation are made to    create a "more perfect" union. :patriot: