NCJ Number
54791
Date Published
1978
Length
383 pages
Annotation
AN ANALYSIS OF THE IMPACT OF THE EXISTING MILITARY JUSTICE SYSTEM ON COMBAT READINESS IS PURSUED BY THE DEVELOPMENT OF A METHOD FOR QUANTIFYING 'JUSTICE,' ITS COSTS, AND ITS IMPACT ON COMBAT TRAINING.
Abstract
WRITTEN PRIMARILY FOR LINE OFFICERS, THE REPORT PROVIDES A SIMPLIFIED METHOD FOR ANALYZING THE MILITARY JUSTICE SYSTEM AND ITS IMPACT ON COMBAT READINESS IN ORDER THAT LINE OFFICERS THEMSELVES MIGHT BRING ABOUT A MORE STREAMLINED LEGAL SYSTEM FOR THE ARMED SERVICES WHICH WOULD BE LESS DISRUPTIVE OF COMBAT READINESS. THE SCOPE OF THE RESEARCH IS SERVICE-WIDE AND INCLUDES AN ANALYSIS OF THE ENTIRE MILITARY JUSTICE SYSTEM. CONCLUDING THAT THE MILITARY JUSTICE SYSTEM IS IN URGENT NEED OF SUBSTANTIAL REPAIR, THE REPORT ARGUES THAT SHOULD ANOTHER VIETNAM-TYPE WAR OCCUR BEFORE CORRECTIVE ACTION IS TAKEN, IT IS PROBABLE THAT THE SYSTEM WILL PROVE UNACCEPTABLY COSTLY, TIME-CONSUMING, AND DISRUPTIVE TO COMBAT READINESS. IT IS RECOMMENDED THAT THE LINE OFFICER COMMUNITY TAKE THE LEAD IN STREAMLINING THE SYSTEM BY USING AN ANALYTICAL APPROACH--OUTLINED IN DETAIL--INVOLVING A SURROGATE MEASURE THAT QUANTIFIES THE LOST MAN-HOURS AND PHYSICAL RESOURCES EXPENDED ON MILITARY JUSTICE MATTERS. OTHER DEFINITIVE RECOMMENDATIONS INCLUDE THE IMMEDIATE ABOLITION OF CERTAIN EXTRINSIC RIGHTS OF THE MILITARY ACCUSED, THE ESTABLISHMENT OF RECORDKEEPING PROCEDURES NEEDED TO CONTINUALLY MEASURE THE COST OF THE SYSTEM AND THE RIGHTS AFFORDED THE ACCUSED, THE INTENSIFICATION OF EFFORTS TO PREVENT THE ELIMINATION OF ADMINISTRATIVE DISCHARGES; AND THE ESTABLISHMENT OF A STANDING COMMITTEE, COMPOSED ONLY OF LINE OFFICERS, TO MONITOR THE MILITARY JUSTICE SYSTEM AND ITS CONTINUING IMPACT ON COMBAT READINESS. TABULAR DATA ARE PROVIDED. REFERENCES ARE FOOTNOTED. (KBL)