- Free Consultation: 703-298-9562 Tap Here to Call Us
Another contribution to the discussion of a commander’s authority
Here is a link to Dave Schlueter and Lisa Schenk’s White Paper
AMERICAN MILITARY JUSTICE: RETAINING THE COMMANDER’S AUTHORITY TO ENFORCE DISCIPLINE AND JUSTICE.
[https://www.court-martial-ucmj.com/white-paper-on-military-justice-reforms-2020-w-app/]
In summary, [they] believe that:
• Commanders play a critical and necessary role in the American military justice system; • Transferring prosecutorial discretion from commanders to judge advocates will undermine commanders’ authority to maintain good order and discipline; • Transferring the decision to prosecute and refer charges to a court-martial will create unintended consequences; • Changing the American military justice system to emulate the systems of other countries is not warranted or advisable. Comparison of sexual assault prosecution rates of the United States military with four United States allies in 2013 (see Appendix) and with three allies more recently do not support adopting their systems of removal of command responsibility for prosecuting serious sex crimes; • The Proposed Amendments Will Adversely Affect the Delicate Balance Between Justice and Discipline; • Recent Studies of Command Decisions to Prosecute Sexual Assaults Demonstrate that the Current System is Working; • Congress Should Await Implementation of the Reforms Outlined in the Military Justice Act of 2016 for Oversight and Accountability; and • Congress should reaffirm the role of the commander to enforce good order and discipline.