Baltimore Sun: The Naval Academy sex assault hearing should be the last of its kind
The Baltimore Sun reports on the recent military sexual assault case at the United States Naval Academy and the need to repeal Article 32 from the Uniform Code of Military Justice (UCMJ):
Article 32 investigations have become trials nearly as fulsome and extensive as the actual general court-martial to which they are a prelude. This means that victims are likely to face not one, but two full-tilt cross-examinations. This is not what Congress intended, and it makes no sense given the other changes that have taken place in the nearly a century since the 1920 Articles of War were enacted. The benefits of subjecting complaining witnesses to what has become in effect a dry run — a trial-before-the-trial — do not come close to outweighing the costs, especially in light of the fact that all an Article 32 hearing produces is a recommendation to the commander, who may accept or reject it in his or her discretion.
It is time for Congress to repeal Article 32 and substitute a requirement for a bare bones preliminary hearing along the lines of those conducted in the federal district courts. The question such a hearing would address is a very simple one: is there “probable cause to believe an offense has been committed and the defendant committed it.”
