In the column “Military Rape Fix is No Fix at All” by John
D. Altenburg Jr. a retired Army Major General and lecturer at George Washington
University Law School. The Ret. Maj. Gen. argues that taking away the authority
of commanders to prosecute crimes under their command would undermine their
authority (this is very important in the military to ensure instant willing
obedience to orders). While Congress has called for reform and cite countries like
Australia, Canada, Israel, and the United Kingdom who have removed the
responsibility to prosecute serious sexual crimes from commanders in order to
increase prosecution of those accused of these crimes. Altenburg cites that
these countries are poor examples and currently the United States military
prosecutes these heinous crimes at much higher rates than these close allies.
Altenburg frames his argument through argument by example and authority the
example he uses is comparing our current system of the Uniform Code of Military
justice and the responsibility of discipline to commanders compared with our
close allies who have removed command authority to prosecute. While both
systems result in prosecution Altenburg argues that the US’s prosecution rates are
much higher and that Congress is trying to fix a system that is not broken, he
recognizes that some cases commanders have blatantly made poor decisions in
prosecution and even says that those commanders should be reprimanded or
removed on an individual basis, the whole system is not broken just a few weak
links. His authority comes from the fact he is a retired Army Major General and
clearly has many years of experience managing troops and he is also a lecturer at
George Washington University of Law as well as the associate dean of academic
affairs.
http://www.usatoday.com/story/opinion/2013/11/05/military-rape-sexual-assault-column/3449279/
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