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View Diary: Old white man decides to leave military sexual assault decisions in the hands of old white men (175 comments)

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  •  look I'm not going to pretend (1+ / 0-)
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    ksuwildkat

    that everything is hunky dory.  It isn't.  I have my own ideas for how things can be improved in the military justice system.  For example, giving military judges tenure, creating and allowing talented military attorneys to track in criminal law (right now, and as I may find out in two years, attorneys who specialize in criminal law can find themselves less competitive for promotion to higher ranks because the focus is on breadth of skills, not depth in one area) can't hurt things.  I also think taking yet another stab at some of the definitions in sexual assault cases involving alcohol would be a good tool to allow prosecutors to get convictions.

    I don't think that giving it to the civilians is going to do anything like what some think it will do, nor do I think taking it completely out of the hands of commanders will, but I can see some measures that might help such as getting rid of the broad clemency powers of commanding generals, or that make it harder to go against the advice of their senior legal advisor in cases where said adviser recommends going to trial.

    There's room for improvement, so I understand looking at it that way.  But I don't think things are "worse" in the military now than in the civilian world, because were I a victim, and goodness knows don't want that, I have not seen anything in the civilian realm that makes me prefer that to the military.

    That isn't necessarily a positive for the military as much as it is a negative for society.

    •  Absolutely (0+ / 0-)

      Its a shame that we dont treat the criminal JAGs like we do the ones for Intel Law.  Its perfectly acceptable for a lawyer to specialize in intel law and remain competitive.

      Mixed feelings on the alcohol.  We seem to be imposing prohibition by default by criminalizing more and more drinking.  Things like banning consumption of alcohol at Presidio of Monterey because of misconduct at Ft. Hood?  Alcohol should be neither an excuse for or against bad behavior.  Non-concentual sex is illegal drunk or sober.

      Like you, I would much rather take my chances - on either side - in a military court than a civil one.

      It is well that war is so terrible -- lest we should grow too fond of it. Robert E. Lee

      by ksuwildkat on Wed Jun 12, 2013 at 04:11:54 PM PDT

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