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by on January 28, 2020
Throughout the history of the United States military justice system, there have been many occasions when the powers of a commander have been limited to the service of justice. Each time, this was due to the recognition of legislators, magistrates and the American people of the flagrant injustice and lack of professionalism in the military justice system and to a reflection of the collective shock over the violent contempt for the constitutional rights of the members of our social service. These ...
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by on January 28, 2020
It is time for the military justice system to align with the basic principles of American justice, injecting independence, objectivity, and professionalism into the process. This change would help to ensure that cases are decided on their merits; absent external influences, previous relationships or political pressure. It would eliminate the layers of bureaucracy that bog down the system, allowing for quick, effective and efficient justice. Also, additional measures must be taken to improve the ...
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by on January 28, 2020
The command-based military justice system persists despite its lack of responsibility, inefficiency, inherent prejudices and conflicts of interest. Under this system, commanders, not prosecutors, decide whether an individual should be tried by a martial court, and the prosecutor's traditional authority and duties give way to the powers granted to the summoning authority. While American civilians can expect a transparent justice system that invests authority with a responsible prosecutor and h...
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by on January 28, 2020
The US military justice system was inspired by the British system (which was modernized to limit the role of commanders in the administration of justice). Originally, the commander was invested with immense power and, essentially, there was no protection for members of the service under military martial courts. Members were often convicted without the assistance of a lawyer or the protection of a judge. The "jury", instead of a judge, decided on what evidence would be admitted, and the commander...
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