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Articles 1 - 4 of 4
Full-Text Articles in Military, War, and Peace
Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa Schenck
Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa Schenck
Faculty Articles
For the past decade there have been numerous and significant changes to the Uniform Code of Military Justice (UCMJ), the statutory basis for the military justice system. Although the Military Justice Act of 2016 made major changes to the UCMJ, the calls for change continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. Some have argued that a command-centric military justice system was outdated, and it was time to make the system look more like the federal criminal procedure system. Other critics have advocated for a military …
Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston
Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston
Electronic Theses and Dissertations
By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …
With Liberty And Justice For All: Psychological And Functional Consequences For Service Members Acquitted Of Sexual Assault, Jamie Leavey
With Liberty And Justice For All: Psychological And Functional Consequences For Service Members Acquitted Of Sexual Assault, Jamie Leavey
Antioch University Full-Text Dissertations & Theses
Policy makers are tasked with changing laws and improving systemic processes in response to evolving moral standards. As societal outrage grew regarding sexual assault in the military, those in power sought to balance what was perceived as a system that ignored, retaliated against, or unfairly burdened victims. However, as the pendulum swung toward victims’ rights and privileges, those accused of this crime inherited the burden of an imbalanced system. In the military context, the experience of the accused is impacted by the lack of separation between functional domains of life (e.g., work, home, community), multiple roles of military commanders (e.g., …
This Is Not Your Grandparents' Military Justice System: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa M. Schenck
This Is Not Your Grandparents' Military Justice System: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa M. Schenck
Faculty Articles
Despite the major reforms to the American military justice system in the 2016 Military Justice Act, the drumbeat for reform has continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. Some have argued that a command-centric military justice system was outdated, and it was time to make the system look more like the Federal criminal procedure system. Other critics have advocated for a military justice system that looks more like those of our allied nations. This article briefly addresses the 2022 and 2023 NDAA changes to the …