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- Title
STRANGE BEDFELLOWS: THE MILITARY, THE UNIVERSITY, AND SEXUAL ASSAULT.
- Authors
Bozarth, Graci
- Abstract
The military and the university are facing scrutiny concerning sexual assaults. This Comment discusses the origins and the current state of the prosecution of sexual assault, due process concerns, and institutional leaders' influence on these procedures, and the newest proposals to change these procedures. The Comment warns against "undue administration influence," which occurs when university administrators use their power in a way that seems to violate the due process rights. While prosecutorial discretion has been nearly eliminated in both systems, the administrator's role and power is expanding while the convening authority's role and power is shrinking. While the convening authority's power in the military setting is balanced against a system with stringent due process protections, fewer protections exist in the university setting. Just as the unrestrained powers of the convening authority led to a lack of respect for the military justice system during World War II, the administration's power will undermine the legitimacy of campus sexual assault adjudication. Likewise, just as Congress outlawed illegal command influence in the Uniform Code of Military Justice (UCMJ), if administrators are to remain involved, they should submit to similar restrictions.
- Subjects
UNITED States; SEXUAL assault lawsuits; PROSECUTION; COURTS-martial &; courts of inquiry; WORLD War II; JUSTICE administration
- Publication
UMKC Law Review, 2016, Vol 84, Issue 4, p1003
- ISSN
0047-7575
- Publication type
Article