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Sunday, June 10, 2018

The civilian court option

USA Today reports on questions that have been raised as to whether sexual assault complainants are being notified, as required, that they can ask to have their complaints referred to civilian law enforcement authorities. It's an interesting question: how paternalistic should the military justice system be about informing personnel of the availability of civilian prosecution? Perhaps the answer is that the armed forces are enough of a separate society and their personnel young and inexperienced enough that they may see the military justice system as the only show in town unless they are affirmatively reminded. Should the services be logging when this advice is provided?

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