Lt. Col. Sheri Jones, judge advocate, U.S. Air Force, in the Ft. Leonard Wood Guidon.
How about judges with statutorily-protected terms of office? Jurors selected at random? Jury unanimity? Charging decisions made by lawyers independent of a military chain of command? Potential access to the U.S. Supreme Court in all cases?
I was astonished when I read the quote by Lt.Col Sheri Jones. I fully agree with the queries posted by Mr. Fidell. I want to add some others that raise serious concerns about the military penal justice system in Canada and the US. What about the loss of the right to a trial by jury for ordinary criminal law offences? What about trials by Commissions? What about summary trials without legal representation, without a right of appeal to a judicial tribunal and with no rules of evidence? What about such trials being held by commanding officers who have no legal knowledge and training? What about the accused being saddled with a criminal record for purely disciplinary offences as well as for ordinary criminal law offences without the substantive and procedural guarantees given to every other citizens prosecuted before civilian tribunals, including citizens in uniform such as police officers? What about the lack of independence from the chain of command of the Prosecution as well as the Defence Services?
ReplyDeleteSadly there is no person more blind and deaf than the person who does not want to see and hear.