W&L Law’s MacDonnell on Amendments to Military Justice System MacDonnell argues against new proposals to shift prosecutorial powers from military commanders to senior military lawyers.
In two new essays published at JustSecurity.org, W&L Law professor Tim MacDonnell, along with several coauthors, examines two amendments to the military justice system. MacDonnell, a former Judge Advocate General (military lawyer) in the U.S. Army, opposes changes that would shift prosecutorial decisions from military commanders to senior judge advocates.
“The American people have tasked commanders with ensuring their units are combat ready and combat effective, and central to that obligation is the good order and discipline of each unit. A commander’s ability to impose or withhold military justice action is a necessary tool for maintaining good order and discipline. The current system of prosecutorial discretion is collaborative—involving attorneys and commanders. This approach ensures a properly crafted set of charges and a prosecutorial decision best suited to the needs of the military society and the nation.”
Read the complete article as well as an open letter from to Congress at the links below:
- Who Should Decide: Prosecutorial Discretion and Military Justice
- A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses
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