San Antonio Express-News: Proposal would give military lawyers major role in prosecuting sex cases
The San Antonio Express-News reports:
Reforms are coming to the military’s often-criticized legal system, but a panel looking into the issue could propose legislation that would transform the process even more, ending the long-held practice that lets commanders alone decide which cases to prosecute.
One proposal made by a Houston law school professor and a fellow lawyer would require that commanders obtain the consent of a military attorney before deciding if a trial is ordered in sexual-assault cases. The issue has been a point of controversy among lawmakers with competing proposals.
“A commander, a nonlawyer, nonlegally educated military commander should not have full prosecutorial discretion over any kind of crime,” said Rachel VanLandingham, a visiting assistant professor at Florida’s Stetson University College of Law. “They’re not a DA, they’re not a federal prosecutor, they shouldn’t be solely making the prosecutorial decision.”
