tag:blogger.com,1999:blog-4070126256373578912.post8981724930080900671..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: Prof. Noah Feldman: decriminalize adulteryEugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4070126256373578912.post-7454941129292938252016-07-02T03:59:10.138-04:002016-07-02T03:59:10.138-04:00The news report Phil cites is well worth reading, ...The news report Phil cites is well worth reading, as it includes the text of the Nigerian court-martial's reasons for judgment.Eugene R. Fidellhttps://www.blogger.com/profile/14694139458443207131noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-73606037530426743272016-07-01T16:56:19.693-04:002016-07-01T16:56:19.693-04:00http://www.premiumtimesng.com/news/headlines/20629...http://www.premiumtimesng.com/news/headlines/206293-exclusive-nigerian-army-fires-military-doctor-sex-colleagues-wife.htmlPhil Cavehttps://www.blogger.com/profile/06086682991693654964noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-86292086212702912332016-07-01T06:39:19.258-04:002016-07-01T06:39:19.258-04:00I was present for the current iteration of guideli...I was present for the current iteration of guidelines (found in the MCM at page IV-103). The intent was to narrow the scope of cases for which prosecution or discipline was considered appropriate. I think it is rather the charging decisions where the over- criminalization occurs. I do think prosecutors throw it on the sheet along with more serious charges on the theory that they can get the accused on something, and also present the accused a quandary in deciding to testify or not. To me that's an abuse of discretion.<br /><br />For example, many of the allegations relate to situations were the spouses are legally separated. It would be my view that adultery should never be charged in such situations, even if the adultery is among service-members. Under the guidelines that is only one of several considerations.<br /><br />As to situations where the person is in the same command, aren't there other more appropriate charges, such as fraternization which impacts the unit, available? <br /><br />This is 2016, not the Victorian era.Phil Cavehttps://www.blogger.com/profile/06086682991693654964noreply@blogger.com