NCJ Number
59452
Date Published
1978
Length
103 pages
Annotation
PROBLEMS AND PROPOSED CHANGES IN THE CURRENT MILITARY JUSTICE SYSTEM ARE DISCUSSED IN DETAIL IN THIS REPORT TO CONGRESS FROM THE GENERAL ACCOUNTING OFFICE (GAO).
Abstract
THE CURRENT MILITARY JUSTICE SYSTEM IS WEAKENED BY THE LAW THAT REQUIRES AUTHORITIES WHO APPROVE THE TRIAL TO ALSO ADMINISTER THE MILITARY JUSTICE SYSTEM. CONVENING AUTHORITIES, THEREFORE, CONTROL FUNDS FOR WITNESSES, BUDGET THE COSTS FOR SUPPORT STAFF AND FACILITIES, AND DETAIL JUDGES, DEFENSE COUNSEL, AND TRIAL COUNSEL. THE RESULTING POTENTIAL FOR INFLUENCING A TRIAL'S OUTCOME, COMBINED WITH PROBLEMS IN DEFENSE AND TRIAL COUNSEL ORGANIZATIONS IN THE MILITARY SERVICES, HAVE LED TO WIDESPREAD PERCEPTIONS THAT MILITARY JUSTICE IS UNEVEN, UNFAIR, AND OF LOW PRIORITY IN THE MILITARY. CHANGES WITHIN EXISTING ORGANIZATIONAL STRUCTURES, SUCH AS REDUCING CONVENING AUTHORITIES' ROLES IN ADMINISTERING THE SYSTEM, COULD CORRECT SOME OF THESE PROBLEMS. HOWEVER, MORE FUNDAMENTAL CHANGES ARE NEEDED TO ENHANCE JUDICIAL INDEPENDENCE AND MAKE THE SYSTEM MORE EFFICIENT. CONGRESS SHOULD AMEND THE UNIFORM CODE OF MILITARY JUSTICE TO EFFECT THESE CHANGES AND TO SET SPECIFIC BUDGETARY AMOUNTS FOR MILITARY JUSTICE OPERATIONS. IN ADDITION, DEFENSE AND TRIAL COUNSEL ORGANIZATIONS SHOULD BE CONSOLIDATED AT EACH MILITARY BASE. A DESCRIPTION OF THE PRESENT SYSTEM, COMMENTS ON THE REPORT BY THE DEPARTMENT OF DEFENSE, ILLUSTRATIONS, FIGURES, FOOTNOTES WHICH INCLUDE REFERENCES, AND EXTENSIVE APPENDIXES WHICH PRESENT VIEWS FROM SERVICE PERSONNEL, DATA ON MILITARY JUSTICE WORKLOADS, AND A LIST OF PREVIOUS GAO REPORTS ON THE MILITARY JUSTICE SYSTEM, ARE INCLUDED. (CFW)