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Protection of the Procedural Rights of the Accused in the Military Judicial System.
NAVAL ACADEMY ANNAPOLIS MD
Pagination or Media Count:
The criticism of the military justice system generally is focused upon two points that the military judicial system does not provide in principle the same degree of procedural protection as does the civilian system and that the military commander is so involved in every phase of judicial proceedings that a fair trial is precluded. An objective assessment of the military system shows that it compares favorably with the civilian systems as to the protection of procedural rights. Court decisions in both systems in recent years have substantiated the degree of protection that exists within the systems. Slight differences do exist, with each system having the edge in certain cases. As regards the second major area of criticism - command influence - there is no denying that it has existed. Steps could be taken to institute changes to remove the areas of potential influence from the cognizance of the military commander. Such changes could be implemented through use of law centers, which are not a new concept. Modified author abstract
APPROVED FOR PUBLIC RELEASE