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Sunday, March 12, 2023

On the banks of the Wabash, far away

Remember that Indiana bill that would take away the right of National Guard and Air National Guard personnel to turn down non-judicial punishment? Here's an excerpt from a recent op-ed:

One portion of the bill would remove the right of an Indiana National Guard member to request a court martial for what is called “non-judicial punishment.” Non-judicial punishment is typically used for minor offenses that do not have a criminal penalty. In such cases, the service member’s commander doles out the punishment, rather than a court. At any point during the process (prior to the sentencing), the service member is allowed to request a court martial instead. A court martial ensures a fair trial and requires evidence “beyond a reasonable doubt,” whereas non-judicial punishment has less stringent requirements to find the service member guilty.

However, the state of Indiana wants to take that right away. Those in favor of the bill claim that there are too many service members requesting court martial and abusing the system. The data, however, tells another story: In the last five years there has been a total of one (yes, only one) Indiana National guard member who has requested a court martial. This hardly seems worthy of upending 247 years of military tradition. [Emphasis added.]

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