Court-Martial Trial Practice Blog
David A. Schlueter, American Military Justice: Responding To The Siren Songs For Reform. 73 A.F. LAW REV. 195 (2015).
In Greek mythology, a “siren” was a creature—half bird and half woman— that would lure sailors to destruction with their sweet and enticing songs. Today, the American military justice system is being subjected to sweet and enticing calls for reform—siren songs. At first hearing, the well-intentioned proposed reforms appeal to a sense of justice. On closer examination, however, those proposed reforms threaten the essence and functionality of an effective and efficientsystem of criminal justice that is applied in world-wide settings, in both peacetime and in war.
Proposals to change the American military justice system have generally come in waves, following major military actions, which tended to expose those elements or features of the system which had not worked well, or in the minds of the reformers, could be made better.
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This article divides the proposed reforms into three categories and analyzes why the proposed changes to the military justice system should be rejected, in whole or in part.