Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process. Marrazzo contends, however, that the Court of Appeals for… Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine
Tag: Uniform Code of Military Justice
Symposium on Military Justice | October 2021
Hosted by National Institute of Military Justice (in honor of NIMJ’s 30th anniversary) The following pieces are from the “30 Years of Military Justice” symposium held on Oct. 28, 2021, with keynote speaker Senator Kirsten Gillibrand (D-NY), and in partnership with Georgetown University Law Center’s Center on National Security and the Law, the Journal of… Continue reading Symposium on Military Justice | October 2021
No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault & a Suggested Path Forward Using Lessons from the Prison Context
Patrie conducts a careful and detailed examination of sexual assault in the military with a review of several recent high-profile cases. She proposes a framework to enforce judicial noninterference in sensitive military affairs while also ensuring that the military does not violate servicemembers’ constitutional rights. No Place in the Military