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Are courts-martial "fair?"

I am frequently asked to comment on this issue, both to friends and in the media.  There are many areas where the court-martial system is superior to its civilian counterparts, as discussed in some of my other blog posts.  Then there are those areas where it simply falls short. Like any judicial system, it is only as good as the people who run it.  Here is an example of when it is run poorly.

this unpublished opinion

Here you have a military judge saying, essentially, all defendants are guilty, and prosecutors should punish everyone to the fullest extent of the law.  And he was a sitting judge at the time.  These types of statements have no place in the military justice system, and only add to the perception that the system is stacked against the accused.  Then there is this article where the Secretary of the Navy made inappropriate comments about a case that was still in the appellate process.

http://www.mcclatchydc.com/2012/11/13/174545/did-navy-secretary-overstep-his.html

If you are facing court-martial charges, you need an experienced court-martial attorney. If you or a loved one has been convicted at court-martial, you need an attorney experienced in court-martial appeals. Contact me for a free consultation.

 

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