Is military justice going soft? Why courts-martial, NJPs have hit historic lows

[MADem]

As commanders change tactics on misconduct, enforcement plummets

...Over the 10 years from 2004 to 2013, data from the service judge advocates show:

■ Courts-martial have dropped about 50 percent.

■ Nonjudicial punishments are down about 25 percent.

■ Bad-conduct discharges have fallen by more than 60 percent.

And according to the Justice Department, the number of troops convicted of crimes and incarcerated in military prisons has shrunk by 35 percent.

Many legal experts say the across-the-board drop in punishments coming at the tail end of two long wars reflects a philosophical change in the way the military handles misconduct in the ranks, especially low-level misconduct. As commanders have grown frustrated with the time and resources required to press a full-blown court-martial, they are now more likely to simply kick troops out of the service quickly and efficiently through administrative channels.

In effect, minor misconduct — a positive drug test, unauthorized absence, cheating or insubordination — that in the 1990s might have led to a summary court-martial or official nonjudicial punishment is now often handled with an administrative separation board, which means fewer lawyers, less paperwork and a quicker resolution.

“Since 9/11, there is just not as much time to spend on the low-level troublemakers,” said Cmdr. Aaron Rugh, director of the Navy’s trial counsel assistance program...

http://www.militarytimes.com/interactive/article/20140521/NEWS06/305210067/Is-military-justice-going-soft-Why-courts-martial-NJPs-hit-historic-lows

[Downwinder]

1. RIF