Unequal Justice
Military courts are stacked to convict--but not the brass. The Pentagon insists everything's just fine
Congress and the Defense Department paid little heed. One senior Pentagon lawyer says the report was "mostly regurgitation" of old complaints. Lawmakers approved one recommendation--12-member juries in military death penalty cases--but showed no interest in overhauling the system. Frank Spinner, a Cox commission member and former Air Force lawyer now in private practice, thinks he knows why. "Congress has handed over the military justice system to the military to run," he says. "There is no civilian control."
Parsing the Pentagon
Glossary
The terminology of the Uniform Code of Military Justice is unknown to most Americans. Key terms and definitions:
COURT-MARTIAL. The military's version of a trial. There are three types--summary, special, and general. General is most serious.
CONVENING AUTHORITY. Exercises prosecutorial discretion, determines whether or not someone will be court-martialed, determines the type of court-martial, and selects the service members who will serve as jurors. Once the trial is over, the convening authority then decides whether to approve or disapprove the findings of the jury.
JUDGE ADVOCATE GENERAL. The lawyer for each service and the Coast Guard who administers their justice programs. Considered the most senior lawyers in the military. Except for the Coast Guard JAG, a civilian, are all generals or admirals.
JUDGE ADVOCATES. The military lawyers who serve on prosecution and defense teams and in other positions. They also serve as military judges, by appointment of their respective judge advocate generals.
A decidedly results-oriented justice system
Slam-dunk
For every 1 acquittal, military prosecutors win more than 9 convictions.
Time period Total cases Convictions Acquittals Conviction rate
AIR FORCE Jan.1,'92-Dec.31, '01 8,833 8,166 667 92 percent
ARMY FY '97-FY '01 5,458 5,024 434 92 percent
NAVY/ FY '97-FY '01 13,339 12,866 473 96 percent
MARINE CORPS
*Data include general courts-martial and special courts-martial but not summary courts-martial, the least serious of the judicial procedures. Statistics on convictions and acquittals for the Navy and Marine Corps are maintained jointly. Source: Department of Defense
With Gary Cohen, Nancy Bentrup, Monica Ekman, Ann Wakefield and Carol Hook
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