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
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
[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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The hearing will come to order. First of all we want to thank all of you for being here today. I want to thank my friend, Ranking Member card and his staff for the possibility with the scheduling of todays hearing. Its interesting because been card and i i maybe three of the last remaining of the class of 1987. We have smith in a couple of more. Its funny, were on opposite sides and a lot of issues but we are always together in friendship as well as in infrastructure. Et is this weeks infrastructure week its a great opportunity to highlight the critical needs in this country. Tomorrow the committee will have a chance to question secretary chad on the administrations priorities and i hope todaysin hearing will be a productive lead into her visits. Last congress the Pediatric Committee led the charge to pass the past act a six highway reauthorization bill that i personally worked on. This was the largest since 1998. Nobody believed we could get it done and others that would only get an 1