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View Diary: Congress passes military sexual assault reforms, but stops short of Gillibrand measure (75 comments)

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  •  The military justice system... (2+ / 0-)
    Recommended by:
    ksuwildkat, ProgressiveOldMan

    ...is quite distinct from that of the civilian world in both specification and application. As currently constituted, the military justice process provides oversight from both military and civilian authorities.  

    The first step (after the convening authority accepts the sentence of the court martial) is the Court of Criminal Appeals, or CCA.  Each service has their own CCA, composed of military judges whose appointment (by the sevice's JAG) takes them completely out of any other chain of command.  The CCAs jurisdiction extends automatically to any court-martial proceeding whose sentence includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more; they may also review cases outside their automatic jurisdiction if said cases are referred to them by the service's JAG.

    After the CCAs, appellate jursidiction leads to the US Court of Appeals for the Armed Forces (CAAF); those judges are appointed by the President and are exclusively civilian.  (In fact, the law specifically excludes retired service members from appointment to the CAAF.)  

    CAAF decisions can be appealed to the US Supreme Court.

    So, the existing system provides both military review (from outside the convening authority's chain of command) and civilian appellate review, all the way to the Supreme Court.

    Where's the problem?

    The 800-pound gorilla in this discussion has been the ability of the convening authority to set aside convictions from courts martial.  Removing that authority addresses the problem while leaving both military and civilian appellate review intact.

    The word "parent" is supposed to be a VERB, people...

    by wesmorgan1 on Fri Dec 20, 2013 at 09:25:12 AM PST

    [ Parent ]

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