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Transcripts For CSPAN3 Sexual Assault In The Military Forum Panel 1 20240713

And the reasons why some victims choose to not move forward through the military justice process. This is about three hours. Okay. Thank you for joining us this morning. Were going to be looking at the perspectives of the services military Justice Division chiefs regarding conviction and acquittal rates, case adjudication process, and victim declination. [ inaudible ] [ inaudible ] does the article 32 statute and its implementing rule, rule for courtmartial 405, provide an effective check for charges against which there is no probable cause . Ill start with you. So, i think for the past several years the procedural requirements have change and statutory change for the requirement for the victim to testify. And as a result, in many cases that the governments most significant evidence. In the those cases where a victim chooses to not to testify, the government is basically making its case based on the paper file. And so i will say that those changes over time have, have reduced the proce

Transcripts For CSPAN Sexual Assault In The Military Forum Panel 1 20240714

From all five branches of the military talk about Sexual Assault during an Advisory Committee meeting. Thank you for joining us this morning. Theill be looking at convention acquittal rates and victim declamation. Hank you [indiscernible] and its implementing rule for courtmartial provide an effective check against charges for which there is no probable cause . I think for the past several years the procedural requirements have diminished greatly, and one significant changeis the statutory to eliminate the requirement for victims that testify. Thatresult, in many cases is the most significant evidence in most cases where a victim chooses not to testify, the government is making its case based on the file. I will say that those changes over time have reduced the procedural requirements of article 32 but i still think it is a valuable check. An experienced judge advocate looking at the case and that the evidence. There is also the opportunity for the defense to present evidence, and as a

Transcripts For CSPAN3 Sexual Assault In The Military Forum Panel 1 20240714

Okay. Thank you for joining us this morning. Were going to be looking at the perspectives of the services military Justice Division chiefs regarding conviction and acquittal rates, case of adjudication process and victim declination. Thank you. [ inaudible ] [ inaudible ] forecourt mash sal 405 as currently drafted provide an effective check against charges for which there is no probable cause. Ill start with you. So, i think for the past several years the procedural requirements have change and statutory change for the requirement for the victim to testify. And as a result, in many cases that the governments most significant evidence. In the those cases where a victim chooses to not to testify, the government is basically making its case based on the paper file. And so i will say that those changes over time have, have reduced the procedural requirements of article 32 but i still think its a valuable check. First off, there is an experienced judge advocate looking at the case and evid

Transcripts For CSPAN2 Sexual Assault In The Military Forum 20240714

It was created in 2015 in accordance with the act in 2015 as amended. Our mandate is to advise the secretary of defense on investigation, prosecution of allegations of Sexual Assault and other Sexual Misconduct involving members of the armed forces. Please note that todays meeting is being transcribed. A complete written transcribe will be posted on the website. Todays meeting will begin with the dac ipads fiscal 2018 for acquittal rates of Sexual Assault in the military based on case documents from all military Sexual Assault cases closed during the fiscal year. Next, staff director will provide an overview of the Draft Department of defense report on allegations of misconstruct. This draft report was submitted to the dac ipad in fulfillment of the Defense Authorization act for fiscal year 2019. Following the overview of the report, Service Representatives involved in the report, drafting and Data Collection will appear before the committee to answer questions about the data, and the

Transcripts For CSPAN Sexual Assault In The Military Forum Panel 1 20240714

[indiscernible] and its implementing rule for courtmartial provide an effective check against charges for which there is no probable cause . I think for the past several years the procedural requirements have diminished greatly, and one significant changeis the statutory to eliminate the requirement for victims that testify. Thatresult, in many cases is the most significant evidence in most cases where a victim chooses not to testify, the government is making its case based on the file. I will say that those changes over time have reduced the procedural requirements of article 32 but i still think it is a valuable check. An experienced judge advocate looking at the case and that the evidence. There is also the opportunity for the defense to present evidence, and as a former staff i have seen even in those diminished proceedings where an article 32 officer will make note or make findings that are relevant for me to consider and a highlight to the convening authority when i am providing

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