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giftedgirl77

(4,713 posts)

8. They can overturn convictions but they don't decide

Reply to msanthrope (Reply #6)

Wed Feb 26, 2014, 01:43 PM

Feb 2014

charges. Until I I was medically retired this year I worked criminal law for the Army JAG Corps for close to 10 yrs. We decide the charges based on the Manual for Courts Martial. Each crime has certain elements must be met in order for a crime to be charged.

In this instance is appears the command wasn't taking the advice of counsel & wants to go gung ho, counsel wasn't going to be part of that nonsense.

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Army disqualifies 588 soldiers after sexual assault review [View all] The Straight Story Feb 2014 OP

This comes as an explosive Army sexual assault trial is about to get started.... msanthrope Feb 2014 #1

Prosecutors are typically the ones to decide the charges. giftedgirl77 Feb 2014 #5

Not in the military---the command can substantially influence, and until recently overturn msanthrope Feb 2014 #6

They can overturn convictions but they don't decide giftedgirl77 Feb 2014 #8

They can convene a court martial, can't they? Even if the prosecutor declines, a court martial can msanthrope Feb 2014 #9

I'm a paralegal which is the one who drafts the reviews giftedgirl77 Feb 2014 #10

I am an attorney, and I don't doubt your abilities, but McCaskill is correct, right? msanthrope Feb 2014 #12

Right, all we can do as the government is advise them. giftedgirl77 Feb 2014 #14

You should go to law school! I know that you've indicated a disability, but lots of law schools msanthrope Feb 2014 #15

Everyone has pushed me that way & it's my intention giftedgirl77 Feb 2014 #16

If it makes a difference I have a BA in Criminal Justice giftedgirl77 Feb 2014 #11

poor writing Coyotl Feb 2014 #2

Still better: flor-de-jasmim Feb 2014 #3

Well stated. This is why papers have (and need) editors. Coyotl Feb 2014 #4

Indeed.... msanthrope Feb 2014 #7

I hope this gives more impetus to reform when it comes to prosecution of sexual assaults KitSileya Feb 2014 #13