The Joint Service Committee on Military Justice is soliciting suggestions for changes in the Manual for Courts-Martial. Here is a link to the Federal Register notice. And here is what the Editor has just submitted:
I have three recommendations.
First, the President should prescribe a burden of proof for nonjudicial punishment, applicable to all of the armed forces. The Code is supposed to be uniform across service lines and there is no reason for inter-service variation on this basic legal issue.
Second, and relatedly, given the possible adverse effect of NJP on military personnel, and the fact that one service has been able to function perfectly well with the beyond-a-reasonable-doubt standard, that should be the standard for all services.
Third, the President should promulgate a single set of rules of professional responsibility, or should direct the TJAGs to produce a joint document, applicable across the board. Again, there is no reason for divergent rules on this important subject.