New 'religious tolerance' policies.

Arizona said:
I don't want like to express my opinions on new rule coming down because honestly it will only get you into trouble / arguments with others but I did find the first bullet in the second article to be quite obnoxious!

●Recently, an Army commander in Europe overturned a jury’s conviction of an officer for sexual assault, despite the fact that the decision was unanimous.

How is that even legal?
Click to expand...

How are civilian convictions overturned? "Appeals". The commander they are referring to, was obviously next in the chain for the appeal process.
 
Not sure how it relates to the original topic...

The Convening Authority for a General Court Martial can overturn said court martial.

Article 60 of the UCMJ goes into great detail, but here's a small "snippet" from it:

(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may--

(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or

(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

This is why there's a push to change the UCMJ to remove this authority.

Steve
USAFA ALO
USAFA '83
 
Arizona said:
I don't want like to express my opinions on new rule coming down because honestly it will only get you into trouble / arguments with others but I did find the first bullet in the second article to be quite obnoxious!

●Recently, an Army commander in Europe overturned a jury’s conviction of an officer for sexual assault, despite the fact that the decision was unanimous.

How is that even legal?
Click to expand...

It's called the Uniform Code of Military Justice and it has many differences between the civilian court system.

(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.

(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may--

(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or
Click to expand...
 
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