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FPCD-78-16 1 (1978-10-31)

handle is hein.gao/gaobaaygi0001 and id is 1 raw text is: DOCUME~NT RESUME 07i21 - 'C30681671 Fundamental Changes Needed To Improve the Independence and Efficiency of the Military Justice System. FPCD-78-16; B-186183. October 31, 1978. 56 pp. + 9 appendices (36 pp.). Report to the Congress; by Elmer B. Staats, Comptrcller General. Lssue Area: Federal Personnel Managerent and Compensaticn: military Justice (317). Contact: Federal Personnel and Compensation Div. Budget Function: National Defense: Defense-related Activities (054). Organization Concerned: Department of Defense; Department of the Navr; Department of the Army; De;,itment of the Air Force. Congressional Relevance: House Committee on Armed Services; Senate Committee on Armed Services; Congress. Authority: Military Justice Act of 1968 (P.L. 90-632; 80 Stat. 1335; 10 U.S.C, 801). E4 Stat. iC8. H.R. 866 (94th Cong.). H.R. 3999 (95th Cong.). H. 2. 12613 (95th Cong,). OD Directive 4000.19. grmy Regulaticn 27-10. United States v. Newcomb, 5 N.J. 4 (1978). United States v. Hedges, i USCHA 642, 29 CHE 458 (1960). United States v. McLaughlin, 18 USCHA 61, 39 CAR 61 (1968) , United States v. Wright, 17 USCMA 110, 37 CHR 374 (1967). United States v. froynx, 45 CMR 911 (1972). United States v. Carpenter, 1 NJ 384 (CMA 1976). United States v. Lelbetter, 2 JR 37 (CIA 1976). United States v. Willis, 3 NJ 94 (CMI 1977). Parker, Warden, et al v. Levy, 417 U.S. 733 (1974). The military justice system encompasses the processes *or imposing punishment on military Ferscnnel and for iallenging the punishment imposed. The system operates separately from the civilian justice system under constituti.onal and legislative authority. The military justice system has been criticized as being inequitable because it deprives military service members of many due processes of law. Findings/Conclusions: Many problems were found in defense and trial counsel organizations in the fcur military services that lead to perceptions that military justice is uneven, i'nfair, and of low priority. In the Army and Marine Corps, defense counsels work directly for convening authorities who are also commanding officers. In the Ia'y, Navy, and Marine Corps, inadequate staffing criteria aad personnel assignment practicer have resulted in significant differences in the number of cases per cc'nnsel. Procedures to assign counsel tased on experience, complexity, and current workload are the exception rather than th-) rule. The number of support staff ts generally inadequate, and procedures for selection of witnesses generally favcr the prosecution. Counsel effectiveness is frequently hampered by inadequate facilities, equipment, and courtrocas and by a lack of privacy. Under current organizaticnal mcdes, the costs of military lustice are unknown. There should be a single defense

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