Even If it Ain't Broke, Why Not Fix it?

Journal of National Security Law & Policy, Vol. 6, 2013

New England Law | Boston Research Paper No. 13-12

37 Pages Posted: 17 Apr 2013 Last revised: 1 May 2013

See all articles by Geoffrey S. Corn

Geoffrey S. Corn

South Texas College of Law

Victor Hansen

New England Law | Boston

Date Written: April 17, 2013

Abstract

This article considers three reforms that would improve the fairness of military justice while preserving the values reflected in maintaining a separate system of justice for those in uniform. The resilience of the military justice system is in large measure a result of two important influences. First, the rights provided by the system have been responsive to societal evolutions, ensuring that good order and discipline is achieved through a process considered fundamentally fair by participants within the system and observers without. Second, this resilience is a result of the continual efforts by military law experts to critique existing rules and recommend important adjustments to substantive and procedural aspects of military law.

In the spirit of these influences, this article will propose what the authors believe are three important changes to the Uniform Code of Military Justice: (1) incorporating a no adverse inference warning into Article 31(b) (the military version of Miranda warnings); (2) transforming the Article 32 pre-trial investigation into more of a preliminary hearing type process; and (3) expressly enumerating a limited category of offenses applicable to civilians accompanying the force in the field. Military justice reform continues to be an important and topical issue and is likely to remain so for the foreseeable future as our country continues to deploy forces throughout the world.

Keywords: UCMJ, Military Justice, Militasry Justice Reform, Miranda

Suggested Citation

Corn, Geoffrey S. and Hansen, Victor, Even If it Ain't Broke, Why Not Fix it? (April 17, 2013). Journal of National Security Law & Policy, Vol. 6, 2013, New England Law | Boston Research Paper No. 13-12, Available at SSRN: https://ssrn.com/abstract=2252592

Geoffrey S. Corn (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

Victor Hansen

New England Law | Boston ( email )

154 Stuart St.
Boston, MA 02116
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
33
Abstract Views
430
PlumX Metrics