Should the Generals fight to keep UCMJ authority over Sexual Assualt and other Major Crimes?
As we all know the military Leadership is fighting hard to retain control over cases involving Sexual Assault, harrasment and major crimes. I am beginning to wonder if maybe we are fighting to hard for something that is inconsequential in the big picture. Why shouldnt we hand that off to the civilian court systems?
As I got to thinking about this the other night, I came to the conclusion that as long as Commander's retain UCMJ authority over our regulations (Article 15 mainly), we can still use it as a tool for good order and discipline. Seldom is there a case where we take a Soldier to General Court Martial, who is found guilty and then want to retain, rehabilitate. By turning it over to the civilian courts, we increase our transparency in these cases.
It will also come with the added benefit of saving the military some money. We can still do the investigation, but then turn it over to the civilians. This will save time (we dont have to take Soldiers away from their duties) and money (we dont have to pay for expenses, it becomes a federal case). We already have a federal court system in place, we can use that. With the black eye we have received recently due to percieved mis-handling of cases, this is the perfect opportunity to relieve ourselves of that perception.
SHARP
Discipline
UCMJ
Authority
I like your thoughts on this, but are you talking about only Sexual Assault? I would hesitate to give up all UCMJ authority to civil courts specifically because the UCMJ is the Uniform Code of Military Justice and not civil law. The UCMJ goes though revision periodically, but we still retain all the punitive articles (77-134) because there are considerations for all of these that are purely military in nature and all the members of a civil court do not necessarily understand these considerations.
Rather than give up all CM authority under the UCMJ, should we instead relinquish control of "civil" offenses like Larceny and Assault and maintain jurisdiction of military offenses such as AWOL and Dereliction? Would you trust a jury of civilians to return a verdict on a GCM that appropriately considers a military record when deciding between a BCD or Dishonorable Discharge, or whether to give hard labor without confinement in lieu of a longer sentence? Maybe civil authority over GCMs while Summary and Special CMs are maintained within the DoD?
I personally don't like that idea, but who's to say it would not be more effective. Maybe the public would hold us to a better standard being somewhat disinterested in the considerations we hold high and might use to look past a proper sentence.
You hit it dead on the head MSGT Green. We retain all UCMJ authority over the punitive articles so that we can maintain good order and discipline. The vast majority of that can be handled under the provision of an Article 15, but for those that cannot we will still have Courts Martial.
I am strictly talking about major crimes. Sexual Assault, rape, murder, attempted murder, child abuse/neglect. Areas that have a significant impact in the civlian sector just like the military.
SGM,
I like where you're going with your idea. When this topic first came out in the media/government, I was kind of torn on the idea of it being turned over to civilians, maybe only because I felt like it should be handled by our own.
However, as I have become certified as a SHARP Victim Advocate and I am now privy to more than I was before through training and my "duties" (still waiting on credentials), I believe it should be turned over to the civilian courts. My biggest reason is civilian courts hand out heavier (more deserving) sentences than the military in sexual assault cases. As for the care that the military provides to the survivors, I believe we are way ahead of the civilian sector. I believe Victim Advocates and SARCs should be maintained to facilitate the needed care for the survivors but as for the trial, I am all for civilian courts taking over. As for the other major crimes you address in one of your responses, I also agree that those should be handled by civilian courts.
SGM,
I agree with what you and MSgt Green have said on this topic. I would definitely support it as a leader.
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