Military Justice Reform

In the US military, judge advocates are commissioned officers who use materials such as the UCMJ to provide their commands with legal advice and serve as prosecutors and defense counsel in a court-martial. [...]one of the most significant reforms to the UCMJ has been the transfer of this authority f...

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Bibliographic Details
Published in:Criminal Justice 2024-07, Vol.39 (2), p.3-62
Main Authors: Waddington, Michael, Gonzalez-Waddington, Alexandra, Jaramillo, Jorge
Format: Article
Language:English
Subjects:
Armed forces
Court hearings & proceedings
Courts martial
Judges & magistrates
Jurisdiction
McCain, John
Murders & murder attempts
Reforms
Sex crimes
Sexual harassment
Trials
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Summary:In the US military, judge advocates are commissioned officers who use materials such as the UCMJ to provide their commands with legal advice and serve as prosecutors and defense counsel in a court-martial. [...]one of the most significant reforms to the UCMJ has been the transfer of this authority from commanders to military lawyers who exist outside of the chain of command for specific serious crimes. OSTC Covered Offenses OSTC holds exclusive jurisdiction over all covered offenses committed as of December 28, 2023. [...]the Special Trial Counsel, not military commanders, decide whether to send a covered offense to a court-martial. Sex-Related Offenses: * Article 117a (wrongful broadcast or distribution of intimate visual images). * Article 120 (rape and sexual assault). * Article 120a (mailing or depositing obscene matter). * Article 120b (sexual assault of a child). * Article 120c (miscellaneous sexual offenses). * Article 132 (retaliation). * Article 134 (child pornography). * Article 134 (sexual harassment, effective Jan. 1, 2025).
ISSN:0887-7785