The National Institute of Military Justice (NIMJ) has published a statement on PROSECUTORIAL DISCRETION UNDER THE UNIFORM CODE OF MILITARY JUSTICE. You will see recommendations beyond what is in the current Military Justice Improvement & Increasing Prevention Act (S.B. 1520 of 29 April 2021).
The DoD Independent Review Commission is with the Secretary of Defense for consideration and Senate Bill 1520, was introduced on 29 April 2021.
NIMJ goes beyond what appears to be in the MJI&IPA.
NIMJ recommends transferring prosecutorial discretion not only for all sex offenses, but also for all serious offenses – those for which the authorized maximum punishment exceeds one year’s confinement. This dividing line is a familiar feature of American criminal justice. Additionally, commanders should play no role in selecting court-martial members.
No comments:
Post a Comment
Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).