Sunday, May 8, 2016

Worth the Read (WTR)-pretrial confinement-sorta

In the U.S. we have several excellent journals which are a great resource for practitioners, legislators, and researchers.  The Military Law Review is published by The Judge Advocate General's School of the Army (TJAGSA) several times a year.  Volume 223 (Winter 2015) contains an article worth the read.

LCDR Naa Akwei-Ayree, New Wine in Old Wineskins: A Case for Bail under Ghana's Military Justice.  Her introduction begins:
The statement above highlights the divergent opinions that are espoused by the proponents on the reformation of the military and military justice system in Ghana. In March 2009, the 1962 Armed Forces Act (AFA), and specifically the military justice system, suffered a setback in the judgment delivered by Justice Utter Dery of the Human Rights Division of the High Court of Ghana.  In the case of Nikyi v. AttorneyGeneral, the plaintiff argued that his detention of ninety days prior to his court-martial violated the Ghanaian Constitution. Under Article 14(3)(b) of the Ghanaian Constitution, an accused person must appear before court within forty-eight hours of arrest or be released.
223 MIL. L. REV. at 946.

U.S. lawmakers and military leaders might want to consider the global application of her great question.
Indeed, the AFA must be reformed. However, changes within the military are usually slow due to the perceived fear of their future effects on the military objective of having well-disciplined soldiers.  "However, if change is inevitable, what changes should be made? Why should change occur?”  Any considered changes must be critically assessed before change is implemented. 
Id. at 947.

Congratulations!

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