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Who Should Decide: Prosecutorial Discretion and Military Justice
Just Security (2020)
  • Timothy C MacDonnell
Abstract
The American military has operated under a separate justice system since before the signing of the United States Constitution. The distinct character of military society drives the need for this separate system. Unlike civilian society, the military exists for a single purpose, to fight and win our nation’s wars. This mission requires that the military have different crimes, different jurisdictional rules, a broader capacity to administer justice under difficult circumstances, and different prosecutorial decision-makers than civilian society. Every Congress to address military justice since 1775 when the Continental Congress passed the first Articles of War has recognized the unique needs of military society that necessitated this distinct system of justice. Recently, Congress has set in motion steps directed at altering one of the core aspects of military justice, the role of military commanders in the decision to prosecute service members.
Keywords
  • Judge Advocate General,
  • Military Law,
  • Uniform Code of Military Justice,
  • UCMJ,
  • National Defense Authorization Act
Publication Date
June 29, 2020
Citation Information
Geoffrey S. Corn, Chris Jenks & Timothy C. MacDonnell, Who Should Decide: Prosecutorial Discretion and Military Justice, Just Security (June 29, 2020), https://www.justsecurity.org/71112/who-should-decide-prosecutorial-discretion-and-military-justice [https://perma.cc/AM4V-E9KW].