Essay on Military Authority Reformation

Essay on Military Authority Reformation

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Military Authority Reformation

The U.S. Department of Defense has done well in taking care of its own legal matters by use of the congressionally assigned Judge Adjutant General Corp, better known as JAG. Although there is no definitive line in the decision of fairness and equality there is however an instrumental method of analyzing data and determining a verdict through legal methods. This appears professional from the lay outsider’s perception, but the truth is there is no guarantee of the complete removal of bias or favoritism. The inability to control this factor devalues the JAG corps accreditation as well as the authority appointed to commanding officers. Detailed below are a few current articles from the uniform code of military justice (UCMJ) as well as one recent issue with the structure of this disciplinary system.
Court-martials may be convened in 3 different types; general courts-martial, special courts-martial, and summary courts-martial (UCMJ art. [823] (22). The severity and authority dictates which is to be employed. For example the President of the United States or Secretary of Defense may preside over a general court-martial in a situation of treason from an elected official and an appointed district or garrison judge, typically a Colonel or higher, may preside over a special court-martial (UCMJ art. [823] (22). This authority is delegated down to the company commander level in order to expedite the punishment and make the process more efficient. It is inherent that a basic understanding of this system’s structure be understood before taking on the considerations of bias and favoritism.
At the company level in the U.S. Army the possibility of preformed impressions is likely due to the closeness...


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...nt of injustice; however, the rise of recent arguments and publicized cases such as that with Brigadier General Sinclair point to the military’s need for a reformation of the UCMJ.

References
Abcarian, R. (2014, March 20). Is anyone really surprised that brig. gen. sinclair got off easy? . Retrieved from http://www.latimes.com/local/abcarian/la-me-ra-brig-gen-sinclair-got-off-easy-20140320,0,6157965.story
Biesecker, M. (2014, March 30). New corps of military lawyers help rape victims. Retrieved from http://abcnews.go.com/US/wireStory/corps-military-lawyers-rape-victims-23119186
Jenkins, C. (2014, March 20). U.S. Army general gets fine, no jail in sex case. Retrieved from http://www.reuters.com/article/2014/03/20/us-usa-courtmartial-sinclair-idUSBREA2J0XV20140320
MANUAL FOR COURTS-MARTIAL, UNITED STATES pt. IV, ¶ 94c (2008) [hereinafter MCM].






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