Friday, March 4, 2016

Proposed Law Review Article Shows the Difficulty of Defending Servicemembers against False Allegations

 Major Mason Weiss has written an article that is a must read for anyone who has been following the injustices bestowed on college students' due process rights, Senators Claire McCaskill and Kirsten Gillibrand, and documentaries produced and/or directed by Amy Zierning and Kirby Dick.  Before the Dear Colleague letter, those forces were working to change the UCMJ. 

MAJ Weiss is a military justice instructor at Fort Leonard Wood, Missouri, which is the home of Army Law Enforcement Training.  He is training future sexual assault investigators on how they are to conduct sexual assault investigations, and his article shares his frustrations with how difficult it is to defend Servicemembers against false allegations of sexual assault. 

MAJ Weiss's article highlights the evolution of the UCMJ, Article 120, an all encompassing sexual misconduct statute.  Since 2008, Congress has chipped away at the due process protections afforded Servicemembers who have been accused of sexual assault and seems to change the UCMJ every two or three years.

MAJ Weiss is a courageous Army JAG Officer for writing this article, as it is not politically welcomed to criticize those who have implemented these changes or take actions that are not in lockstep with the narrative that all victims tell the truth, sometimes panels that are hand selected by the Commanding General make the wrong call, or innocent Servicemembers are being prosecuted, and sometimes convicted, at Courts-martial for offenses that would never see the inside of a civilian courtroom.  This article is a good synopsis of what Army Trial Defense Counsel go through day in and day out defending those who defend America who have been wrongly accused.

Unfortunately, I highly doubt that the Military Law Review or Army Lawyer will publish this article due to political reasons.