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Criminal Law and Procedure

Military, War, and Peace

Anthony J. Ghiotto

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Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto Jul 2014

Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto

Anthony J. Ghiotto

In recent years, the military justice system has come under increased Congressional and public scrutiny. Driving much of this increased scrutiny is the issue of sexual assault. The dramatic increase in reported sexual assaults, coupled with the military’s response, resulted in public officials calling for dramatic reform of the military justice system. These calls for reform included limiting, and even removing, the role commanders play in the military justice system. The military departments must proceed carefully, though, with these calls for reform. Dramatic reforms designed to correct the apparent flaws in the military justice system may in turn undermine the …