NCJ Number
51848
Date Published
1978
Length
63 pages
Annotation
SHORTCOMINGS IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE MILITARY ARE BROUGHT OUT, WITH SPECIFIC REFERENCE TO PROBLEMS THAT ARISE WHEN PLEA BARGAINING RESULTS IN A DISCHARGE IN LIEU OF COURT-MARTIAL.
Abstract
PLEA BARGAINING IN THE MILITARY INVOLVES THE EXCHANGE OF AN ADMISSION OF GUILT BY THE ACCUSED FOR REDUCED CHARGES, A SPECIFIC MAXIMUM SENTENCE, OR (MOST COMMONLY) A DISCHARGE IN LIEU OF COURT-MARTIAL. THE DISCHARGE IN LIEU OF COURT-MARTIAL IS NOT SUBJECT TO JUDICIAL SAFEGUARDS. THE UNIFORM CODE OF MILITARY JUSTICE, THE SOLE STATUTORY AUTHORITY ESTABLISHING THE MEANS AND PROCESSES FOR DEALING WITH MILITARY PEOPLE ACCUSED OF CRIMES, DOES NOT COVER PLEA AGREEMENTS OR DISCHARGES IN LIEU OF COURT-MARTIAL, NOR DOES THE MANUAL FOR COURTS-MARTIAL, IN WHICH THE PRESIDENT SETS FORTH PROCEDURAL RULES. CONTRARY TO CONGRESSIONAL INTENT, CRIMINAL OFFENSES IN THE MILITARY OFTEN ARE NOT DEALT WITH UNDER THE UNIFORM CODE, AND DISPARITIES EXIST IN THE ADMINISTRATION OF MILITARY JUSTICE. THE DISCHARGE IN LIEU OF COURT-MARTIAL, WHICH ALLOWS FOR ADMINISTRATIVE HANDLING OF OFFENSES OUTSIDE OF MILITARY COURTS, HAS RESULTED IN NONUNIFORM TREATMENT OF PEOPLE CHARGED WITH THE SAME CRIMES. IN SHORT, THE MILITARY USES THE DISCHARGE IN LIEU OF COURT-MARTIAL AS AN EXPEDIENT FOR GETTING RID OF PROBLEM PEOPLE. IT IS RECOMMENDED THAT DISCHARGES IN LIEU OF COURT-MARTIAL BE ELIMINATED, THAT THE MILITARY BE DIRECTED TO DISPOSE OF CRIMINAL CHARGES IN A MANNER CONSISTENT WITH THE UNIFORM CODE AND THE COURT MARTIAL MANUAL, AND THAT THE MANUAL BE REVISED TO PROVIDE POLICY GUIDANCE, PROCEDURES, RULES, STANDARDS, AND FORMAT FOR PLEA BARGAINING IN MILITARY COURTS. A FLOWCHART SHOWING ALTERNATIVES FOR DISPOSING OF CRIMINAL OFFENSES TRIABLE BY COURT-MARTIAL IS INCLUDED. SUPPORTING DOCUMENTATION IS APPENDED. (AUTHOR ABSTRACT MODIFIED--LKM)