NCJ Number
137502
Journal
American Journal of Criminal Law Volume: 19 Issue: 3 Dated: (Spring 1992) Pages: 395-410
Date Published
1992
Length
16 pages
Annotation
In the military, prosecutorial discretion is vested neither in lawyers nor in prosecutors, but rather in commanding military officers. This prosecutorial discretion is vested through the authority of the Uniform Code of Military Justice, under which all the military services and the U.S. Coast Guard operate.
Abstract
Other prosecutorial functions are carried out by the trial counsel, who presents the government's case at a general or special court martial. The trial counsel and the commander exercise their prosecutorial functions in dealing with the investigation, charging, decision to prosecute, choice of forum, immunity, and pretrial agreement. In exercising prosecutorial discretion, the commanding officer must consider resource constraints, national security issues, and political pressures. There has been just one substantial legislative attempt, in 1973, to take away the prosecutorial discretion of the commanding officer, when a Congressional proposal would have established a prosecutorial division within the Court Martial Command. The author concludes that leaving prosecutorial discretion in the hands of the commanding officer best serves the causes of justice and discipline. 76 notes