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View Diary: Don’t make military sex crimes a partisan issue (55 comments)

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  •  On the lack of empirical evidence . . . (5+ / 0-)

    Where would such evidence come from?  Since our military has never used the system Senator Gillibrand proposes, it obviously wouldn't have any experience we could assess.  I have to assume the "empirical evidence" is coming from foreign militaries, but that's not at all clear from Senator McCaskill's post.  (I confess I haven't had time to read all the links.)

    Senator McCaskill mentions 93 cases in which commanders have initiated proceedings after prosecutors failed to do so.  While I don't doubt that her figures are accurate, I have to wonder how many cases there were in which prosecutors might have wanted to bring charges but did not do so because of real or perceived opposition from the commander.  

    I have great respect for both senators, but my inclination has been to support Senator Gillibrand's proposal.  Like other users, I can't claim to know enough about this issue to have a firm opinion either way.

    I do thank Senator McCaskill for her efforts and for coming here to DK to discuss this.  I also appreciate her support of the legislation that deprived commanders of the power to overturn convictions.  That was an important step towards bringing justice to these cases.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Fri Feb 14, 2014 at 09:37:05 AM PST

    •  Evidence (3+ / 0-)
      Recommended by:
      FogCityJohn, Adam AZ, benamery21

      I appreciate your thoughtful response and engagement, and understand and respect that in a real-deal policy disagreement, different people will end up supporting the policy they believe is strongest. In response to your first question - yes, you're correct, the evidence that indicates that Senator Gillibrand's proposal would not have the intended result in reporting comes from our foreign allies (many of which have transitioned to similar justice systems). The Response Systems Panel - an independent group of policy experts created by Congress, majority-civilian and majority-women - studied those transitions and determined that none of those countries saw the increase in reporting that is promised here, and that most of those governments made the transition to better protect the rights of the accused - not the rights of victims.

      •  And thank you for the response. (1+ / 0-)
        Recommended by:
        Adam AZ

        I can't say I've made up my mind about this, but I greatly appreciate the manner in which you've made your case here -- sticking to the facts and evidence that exist.  In this, as in so many things, the best answer may be that there's no definitive answer.  

        I do hope you remain committed to vigorous oversight on this issue.  It's a problem the military has simply swept under the rug for far too long.

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Fri Feb 14, 2014 at 01:13:24 PM PST

        [ Parent ]

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