Subscribe free to our newsletters via your
. GPS News .




MILPLEX
Hagel urges changes to US military judicial system
by Staff Writers
Washington (AFP) April 8, 2013


Defense Secretary Chuck Hagel on Monday said US commanders should be barred from overturning criminal convictions, in the wake of anger over a quashed guilty verdict in a sexual assault case.

Under Hagel's proposal, which would have to be approved by lawmakers, commanders would still have the power to alter sentences handed down in court martial cases, defense officials said.

"These changes, if enacted by Congress, would help ensure that our military justice system works fairly, ensures due process, and is accountable," Hagel said in a statement.

The move comes amid mounting concern over sexual assault in the armed forces and outrage in Congress over the case of Lieutenant Colonel James Wilkerson, whose conviction for aggravated sexual assault was overturned by Air Force Lieutenant General Craig Franklin.

The case prompted Hagel to order a review of the military's judicial code, which grants wide-ranging powers to commanding officers who can throw out the findings of juries and judges without explanation.

The military code's provisions, which date back to the founding of the United States, had become outdated as troops that face criminal charges now have access to a "robust" appeals process and professional legal counsel, officials said..

"It became clear that the world had changed," a senior defense official, who spoke on condition of anonymity, told reporters.

In discussions among military leaders and Pentagon lawyers, "there wasn't significant push back" to making the change, the official added.

But the proposal was unlikely to satisfy some lawmakers and advocates for victims of sexual assault, as commanders will still have unquestioned authority to drastically reduce a sentence.

Defense officials said part of the rationale for permitting commanders to retain the power to alter sentences was to allow for plea bargain agreements, which are presided over by commanders.

The Pentagon's proposal also would require commanders to explain in writing any changes made to court-martial sentences.

According to Hagel's proposed changes, commanders would have the power to reverse a verdict only in cases involving minor offenses.

Officials said verdicts are rarely reversed under the current system, with only about one percent of court martial convictions tossed out by commanders.

In the Wilkerson case, Hagel had asked the Air Force to examine whether the military code was correctly applied. And officials said Monday that a review showed the commanding general's decision was in keeping with the military's legal code.

The Air Force, responding to a request from Hagel, also plans to release documents in the case to shed light on why the commanding general threw out the guilty verdict against Wilkerson.

In his statement, Hagel said the Defense Department "still has much more work to do to fully address the problem of sexual assault in the ranks.

"This crime is damaging this institution."

.


Related Links
The Military Industrial Complex at SpaceWar.com
Learn about the Superpowers of the 21st Century at SpaceWar.com






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle








MILPLEX
Late Indian PM Rajiv Gandhi linked to arms deal: report
New Delhi (AFP) April 8, 2013
Former prime minister Rajiv Gandhi, whose family still dominates India's ruling party, may have been a middleman for an arms deal in the 1970s, according to diplomatic cables published Monday. The Hindu newspaper, accessing new information compiled by WikiLeaks, cites confidential US embassy cables stating that Gandhi was employed by Swedish group Saab-Scandia to help sell its Viggen fighter ... read more


MILPLEX
'World's greatest' chef Adria seeks digital legacy

China paper says farm sector raises bird flu risk

Italy bids to close gap in wine exports to China

Birch juice season takes Latvia by storm

MILPLEX
World Record Silicon-based Millimeter-wave Power Amplifiers

A giant step toward miniaturization

ORNL microscopy uncovers "dancing" silicon atoms in graphene

A mighty wind

MILPLEX
Hong Kong airbridge collapse rips off plane door

Third F-35B For United Kingdom Makes First Flight

Eurocopter vies for big-ticket Polish chopper deal

Bangladesh embarks on massive Yak deal

MILPLEX
US announces stricter gasoline standards

Japan venture to bring electric tuk-tuks to Asia

China car maker BYD reports profit plunge

Man creates car that runs on liquid air

MILPLEX
Japan posts current account surplus in February

Iceland premier to meet Chinese leaders in Beijing

Sundance shares crash after China deal terminated

Judge defers class action in US tech 'poaching' case

MILPLEX
Taiwan man's tree-top protest goes into 11th day

Asian Long-Horned Beetle eradicated from Canada: govt

Researchers question evaluation methods for protected areas in the Amazon

Decreased Water Flow May be Trade-off for More Productive Forest

MILPLEX
First Light for ISERV Pathfinder, Space Station's Newest 'Eye' on Earth

Watching over you

New Live Bi-ocular Animations of Two Oceans Now Available

NASA Flies Radar South on Wide-Ranging Scientific Expedition

MILPLEX
Imaging methodology reveals nano details not seen before

Glass-blowers at a nano scale

Nanoparticles show promise as inexpensive, durable and effective scintillators

Scientists develop innovative twists to DNA nanotechnology




The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement