Presidential executive order is changing how some crimes are handled within the military justice system
A presidential executive order is changing how some crimes are handled within the military justice system, by modifying parts of the Manual for Courts-Martial — the changes will go into effect December 27th and will apply to offenses committed after that date. Captain Matt Fine, judge advocated for the Special Trial counsel and officer in charge of the Fort Leonard Wood Field Office says, “The Manual for Courts-Martial contains military law applicable across the Department of Defense”
One of the most notable changes to the Manual for Courts-Martial will move responsibility for the handling of covered offenses away from military commanders to independent military prosecutors from the Office of Special Trial Counsel. Fine says, “Covered offenses include murder, manslaughter, rape, and sexual assault, rape of a child, sexual assault of a child, other sexual misconduct, kidnapping, domestic violence, stalking, retaliation, child pornography, and wrongful broadcast. Traditionally, the decision of whether to court-martial a service member for the commission of an offense rested with the chain of command. Special Trial Counsel will instead decide whether to prosecute service members alleged to have committed a covered offense at a court-martial.” Fine says the executive order also, “makes various changes to how panels, such as juries, are comprised, implements sentencing guidelines at courts-martial, and revises the imposition of non-judicial punishment.”