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49 Ohio N.U. L. Rev. 53 (2022-2023)
What's the Most Defense Friendly Jurisdiction in America? The Military

handle is hein.journals/onulr49 and id is 63 raw text is: 










    What's   the Most   Defense   Friendly  Jurisdiction   in America?
                               The  Military.


                         CAPTAIN  NINO  C. MONEA*


ABSTRACT
    The  military treats criminal defendants better than any other jurisdiction
in the country. Some  of these protections are straightforward improvements
over  civilian systems, some are inadvertent benefits for the defense.  This
article catalogs the  benefits.  They  come   in three main   classes spread
throughout  the  process.  First, there are more  substantive and  logistical
roadblocks   for the  prosecution  to surmount   to achieve   and  sustain a
conviction,  whether  misdemeanor or felony, trial or appeal. Second,
defendants  are treated better on a personal level, which means more dignity
in the courtroom  and  having  their worldly needs taken  care of during the
entire process.  And   third, defense attorneys are treated better. Military
defenders  are paid more, have fewer cases, and have  fewer obligations than
their typical civilian counterparts. This  article concludes by  arguing the
military system should  incorporate aspects of the civilian justice system, but
also celebrate its superior elements.















* United States Army, Judge Advocate General's Corps. B.S., Eastern Michigan University; J.D., Harvard
Law School. Thank you to CPT Mary Samarkos, James Tatum, and the editors of the Ohio Northern
University Law Review for their helpful suggestions and additions to this article. Views expressed in this
article are the author's alone and do not represent those of the United States Government or any of its
components.


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