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Yo_Mama_Been_Loggin

(107,956 posts)
Thu Apr 22, 2021, 09:13 PM Apr 2021

Panel: End commanders' power to block military sex cases

WASHINGTON (AP) — A Pentagon panel is recommending that decisions to prosecute service members for sexual assault be made by independent authorities, not commanders, in what would be a major reversal of military practice and a change long sought by Congress members, The Associated Press has learned.

The recommendation by an independent review commission created by Defense Secretary Lloyd Austin goes against decades of vehement Pentagon arguments to keep cases within the chain of command. It was among a number of initial recommendations delivered to Austin on Thursday, according to two senior defense officials.

Austin expects to seek input from military service leaders before making any final decision, said the officials, who spoke on condition of anonymity to discuss internal reports not yet made public. But combating sexual assault in the military is a top priority for Austin, and the fact that this recommendation was made so directly and quickly suggests it will carry a lot of weight.

The proposed changes outlined in the report represent Austin's effort to leave his mark on a problem that has long plagued the department, triggered widespread congressional condemnation and frustrated military leaders struggling to find prevention, treatment and prosecution efforts that work.

https://www.msn.com/en-us/news/politics/panel-end-commanders-power-to-block-military-sex-cases/ar-BB1fX1iX?li=BBnbcA1&ocid=DELLDHP

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Panel: End commanders' power to block military sex cases (Original Post) Yo_Mama_Been_Loggin Apr 2021 OP
This would be a massive change. TomSlick Apr 2021 #1

TomSlick

(11,098 posts)
1. This would be a massive change.
Thu Apr 22, 2021, 10:09 PM
Apr 2021

Since 1775, judge advocates in our armed forces have not had prosecutorial discretion - none. Commanders, not lawyers, make the decisions of which charges go to trial. Commanders, not lawyers, make decisions for the prosecution about plea deals.

I'm not opposed to the idea but it would be a paradigm shift. For this to work, the judge advocates put in charge of these decisions would need to be completely removed from the chain of command like the defense counsel have been for a long time.

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