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- Title
Reforming the Role of the Convening Authority in the Military Justice System.
- Authors
Dodge, Cassandra E.; Powers, Ráchael A.; Leon, Jacqueline
- Abstract
As is the case in the civilian community, within the military, sexual assaults are grossly underreported. Complicating efforts to achieve recompense for military sexual assault victims are the stark differences between the operations of civilian justice system and the justice system under which the military operates—the Uniform Code of Military Justice (UCMJ). As these authors succinctly note, within the military, one of the major contributors to the problem of effectively prosecuting sexual assault crimes is the role of the convening authority—that is, the person responsible for the disposition of such charges. Within the military branches, the convening authority is the unit commander, who holds authority over every military member within his chain of command. And herein lies the problem: the authors argue against the use of these commanders in the handling of serious crimes, such as sexual assaults, citing a host of problems with this role: for example, the unit commander may lack legal expertise, may be biased in favor of or against the accused or the victim, or may have the power to exercise undue infl uence over those providing testimony.
- Subjects
UNITED States. Uniform Code of Military Justice; COURTS-martial &; courts of inquiry; JUSTICE administration; SEXUAL assault; SEX crimes; MILITARY uniforms
- Publication
Family & Intimate Partner Violence Quarterly, 2022, Vol 15, Issue 2, p79
- ISSN
1941-7462
- Publication type
Article