Limiting Jurisdiction Over Major Felony Crimes

Abstract

Limiting jurisdiction over major felony crimes to base commanders, lawyers subordinate to base commands, or U.S. Attorneys will continue the alignment of military law with civilian courts by improving efficiency of court-martial procedure, increasing the legitimacy of courts-martial results, and removing competing interests within the command. Removing the operational commander from the court-martial process for major felony crimes will reduce the amount of time necessary to approve expert witnesses, protect the appearance of impartiality of a court-martial jury, and alleviate the risk associated with commanders choosing between mission accomplishment and a fair trial for the accused.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Apr 29, 2019
Accession Number
AD1177421

Entities

People

  • Eric P. Winkofsky

Organizations

  • Marine Corps University

Tags

Communities of Interest

  • Human Systems
  • Materials and Manufacturing Processes

DTIC Thesaurus Topics

  • Civil War
  • Congress
  • Court Martial
  • Criminals
  • Department Of Defense
  • Employment
  • Governments
  • Instructions
  • International Law
  • Law
  • Litigation
  • Military Commanders
  • Military Law
  • National Security
  • Personnel Management
  • Sexual Assault
  • United States
  • Warfare

Readers

  • Criminal Law
  • Joint Military Operations and Doctrine.
  • Systems Analysis and Design