KingMilitaryLaw.com Experienced Trial Attorney, Retired Military Judge, Proud Parent of a Marine, Working Hard to Bring Aggressive Legal Representation to Military Members, Veterans, and their Families
We've entered a new dimension for military justice. Many of us are hopeful that the new OSTCs, and the good men and women who will perform its missions, will bring much-needed relief to servicemembers who face lifelong, terrible obstacles from facing criminal trials for crimes that lack evidence to achieve a conviction. The next step is for the OSTC's to mandate that their prosecutors adopt and abide by the ABA and DOJ prosecutorial standards, which require heightened candor, prompt processing of cases, and, most lacking now, that servicemembers will not face trial unless: "admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice." Such a step will greatly improve our current standardless system. So, with high hopes and bated breath, I wish the men and women of the OSTC's luck as they step into this new dimension and (hopefully) work hard to make the system as fair as it should be.
Aaron Brynildson
9mo
The services spent a whole year preparing to have this prosecutorial discretion. If they were planning to adopt ABA ethical standards, they would have already. Time for Congress to step in.
I agree with you, Don. Unfortunately, this goes directly against the "why" of Senator Gillibrand pushing this through Congress.
The Warrior Advocate | Author | Recovery Mentor
9moHahaha — with the firing of BG Wells, the Army top civilian leadership has thrown the gauntlet and sent a crystal clear message to the special prosecutors - you will not be objective and go forward on only appropriate cases, but rather you will bend over backwards to push the “victim’s” case forward regardless of the merits or evidence — and failure to do so by questioning the “victim’s” veracity, motive, or other improper influences will result in the possible loss of your job and negatively impact your career. Don’t let this change fool you. The same pressures are now on the “independent” (sorry, but I had to chuckle when I typed the word independent) special trial counsel. It will only be independent and without military pressure when those in uniform and subject to the military and civilian leadership are no longer part of the process — you want truly independent? Let DOJ handle these cases or other civilians — the problem is if that happens, the “victim advocacy” community would be up in arms because how many cases are not prosecuted! This change merely replaces the color of ink used by the same rubber stamp.