Saturday, May 31, 2025

A request

 Greetings.

I am in the process of putting together a project for NIMJ's summer law student interns based on the concept of Restitution as a consequence of a court-martial conviction.

You can help.

There is no statutory or regulatory provision in the U.S. for restitution adjudged, ordered, or as a consequence of a court-martial conviction. There are some creative ways to provide restitution in guilty plea cases, but these options are limited and ad hoc.

I have the perception that various military justice systems around the world has some mechanism to provide restitution to victims of a court-martial offense.

Does your military justice system have such a mechanism? If it does, could you let me know by email at phildcave@gmail.com. We are interested in understanding how the process works, particularly in the enforcement of restitution after the trial. One of the main objections to court-ordered restitution from a U.S. court-martial conviction is a perceived lack of enforceability once the person has been discharged from the service.

The goal is to compile a comparative law information paper for NIMJ.

Thanks.

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