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Congress Should Avoid Changes That Would Erode the Military Justice System

Toggle open close Recent legislation proposed by Senator Kirsten Gillibrand (D–NY), the Military Justice Improvement and Increasing Prevention Act, if passed, would strip the authority to decide whether to prosecute sexual assaults and other serious crimes such as murder and manslaughter from commanders and give it to military prosecutors.REF Since the founding of the American military, commanders, who are not lawyers, have had the authority to refer charges to courts-martial in order to enforce good order and discipline. Those commanders are advised by military lawyers, but the decision to send a case to a court-martial is theirs alone.

Kaine, Warner support change in way military handles sexual assault cases

Kaine, Warner support change in way military handles sexual assault cases Both sign on to Military Justice Improvement Act Charles Dharapak/AP FILE - This March 27, 2008, file photo, shows the Pentagon in Washington. (AP Photo/Charles Dharapak, File) By: Web Staff and last updated 2021-05-10 09:01:29-04 WASHINGTON, D.C. — Virginia Senators Tim Kaine and Mark Warner have signed on as cosponsors of legislation that would change the way the military handles sexual assault cases. The Military Justice Improvement Act would move cases out of the chain of command and instead have them handled by military prosecutors. Sexual assault cases would stay in the military system, but commanders who often lack legal training would no longer play the significant role they currently have in such matters.

Momentum builds to change military rules on harassment in the ranks

The polarizing push to pull sexual assault cases from the chain of command an idea that now appears inevitable amid openness from top Pentagon commanders and support from even some of the most outspoken pro-military conservatives on Capitol Hill would represent a fundamental change to one of the core tenets of U.S. military practice.

Momentum grows for change in how the military handles sexual assault

US Sen. Mark Warner says, The status quo is not working. Author: Mike Gooding Updated: 6:40 PM EDT May 3, 2021 WASHINGTON Momentum is growing for a major change in military justice. Lawmakers from the House and Senate have drafted a bill to let independent, professional prosecutors handle sexual assault investigations instead of defendants unit commanders. According to the Department of Defense s most recent statistics, nearly 21,000 service members were sexually assaulted in 2018. Until now, such cases have always been handled by the chain of command. Military spouse and sexual assault survivor Amy Marsh says that the current system simply does not work. Instead of seeing my offender prosecuted, what I experienced after reporting was retaliation against my family, destruction of my husband s military career, and an attack on my character, she said.

U S senators optimistic about changing how the military han

U.S. senators optimistic about changing how the military handles assault Reuters | Apr 29, 2021 11:54 PM EDT Senator Kirsten Gillibrand (D-NY) walks during a break in the impeachment trial of U.S. President Donald Trump continues in Washington, U.S (Photo : REUTERS/Joshua Roberts) U.S. senators said on Thursday they expect to pass a law mandating a major shift in how the military handles cases of sexual assault, after years of thwarted efforts to take prosecution of such cases out of the hands of commanders. Senator Kirsten Gillibrand, a Democrat who has championed the policy shift for much of the past decade, led a group of Democrats and Republicans introducing legislation to make prosecution of such crimes the responsibility of independent military prosecutors.

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