In the spirit of responsiveness and resilience, this article proposes 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 pretrial investigation into a preliminary hearing process, and (3) expressly enumerating a limited category of offenses for which civilians accompanying the force in the held can be held responsible. While each proposal focuses on a different aspect of military justice – criminal investigations, pretrial hearings, and trial procedures for civilians accompanying the force – each proposal is connected to a broader theme of ensuring fairness in the system while preserving military readiness.
- Geoffrey S. Corn, a retired Army lieutenant colonel and former military attorney and intelligence officer, is the Gary A. Kuiper Distinguished Professor of National Security Law at South Texas College of Law Houston and a Distinguished Fellow for the Gemunder Center for Defense and Strategy of the Jewish Institute for National Security in America.
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