The Commander's Role in the Military Justice System
Total Page:16
File Type:pdf, Size:1020Kb
ABSTRACT STRIKING THE BALANCE BETWEEN DISCIPLINE AND JUSTICE: THE COMMANDER’S ROLE IN THE MILITARY JUSTICE SYSTEM AND ITS IMPACT ON THE MILITARY PROFESSION, by Major Jennifer L. Venghaus. As military leaders renew their commitment to the military profession, debate over sexual assault and senior leader misconduct has caused several members of Congress to propose legislation that would remove commanders from the military justice process. Since enforcement of an ethical code through self-regulation is one critical characteristic of professions, any change to the military’s mechanism for self-regulation could affect the military’s status as a profession. This thesis analyzes the impact that the proposed legislation would have on the United States military’s status as a profession. By comparing the history of the United States military as a profession and the history of the military justice system in the United States, this thesis establishes that the evolution of the United States military profession corresponded to the evolution of the military justice system. What started as a system of discipline became a balance between justice and discipline as the system became more fair and equitable for the professional army. To retain the elements of a system of discipline, commanders must remain involved in the process. Maintaining this balance is critical to retaining the trust of American people that is necessary for American society to continue recognizing the military as a profession. STRIKING THE BALANCE BETWEEN DISCIPLINE AND JUSTICE: THE COMMANDER’S ROLE IN THE MILITARY JUSTICE SYSTEM AND ITS IMPACT ON THE MILITARY PROFESSION A thesis presented to the Faculty of the U.S. Army Command and General Staff College in partial fulfillment of the requirements for the degree MASTER OF MILITARY ART AND SCIENCE General Studies by JENNIFER L. VENGHAUS, MAJOR, JUDGE ADVOCATE B.A., Southwestern University, Georgetown, Texas, 2000 J.D., University of Richmond, Richmond, Virginia, 2003 LL.M., United States Army Judge Advocate General’s Legal Center and School, Charlottesville, Virginia, 2012 Fort Leavenworth, Kansas 2015 Approved for public release; distribution is unlimited. REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing this collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0188), 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. 1. REPORT DATE (DD-MM-YYYY) 2. REPORT TYPE 3. DATES COVERED (From - To) 12-06-2015 Master’s Thesis AUG 2014 – JUN 2015 4. TITLE AND SUBTITLE 5a. CONTRACT NUMBER Striking the Balance between Discipline and Justice: The 5b. GRANT NUMBER Commander’s Role in the Military Justice System and its Impact on the Military Profession 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER Major Jennifer L. Venghaus 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORG REPORT U.S. Army Command and General Staff College NUMBER ATTN: ATZL-SWD-GD Fort Leavenworth, KS 66027-2301 9. SPONSORING / MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR’S ACRONYM(S) 11. SPONSOR/MONITOR’S REPORT NUMBER(S) 12. DISTRIBUTION / AVAILABILITY STATEMENT Approved for Public Release; Distribution is Unlimited 13. SUPPLEMENTARY NOTES 14. ABSTRACT As military leaders renew their commitment to the military profession, debate over sexual assault and senior leader misconduct has caused several members of Congress to propose legislation that would remove commanders from the military justice process. Since enforcement of an ethical code through self-regulation is one critical characteristic of professions, any change to the military’s mechanism for self-regulation could affect the military’s status as a profession. This thesis analyzes the impact that the proposed legislation would have on the United States military’s status as a profession. By comparing the history of the United States military as a profession and the history of the military justice system in the United States, this thesis establishes that the evolution of the United States military profession corresponded to the evolution of the military justice system. What started as a system of discipline became a balance between justice and discipline as the system became more fair and equitable for the professional army. To retain the elements of a system of discipline, commanders must remain involved in the process. Maintaining this balance is critical to retaining the trust of American people that is necessary for American society to continue recognizing the military as a profession. 15. SUBJECT TERMS military justice; Uniform Code of Military Justice; UCMJ; profession; sexual assault; general officer misconduct; discipline; justice; commander 16. SECURITY CLASSIFICATION OF: 17. LIMITATION 18. NUMBER 19a. NAME OF RESPONSIBLE PERSON OF ABSTRACT OF PAGES a. REPORT b. ABSTRACT c. THIS PAGE 19b. PHONE NUMBER (include area code) (U) (U) (U) (U) 00 Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std. Z39.18 ii ABSTRACT STRIKING THE BALANCE BETWEEN DISCIPLINE AND JUSTICE: THE COMMANDER’S ROLE IN THE MILITARY JUSTICE SYSTEM AND ITS IMPACT ON THE MILITARY PROFESSION, by Major Jennifer L. Venghaus, (total pages). As military leaders renew their commitment to the military profession, debate over sexual assault and senior leader misconduct has caused several members of Congress to propose legislation that would remove commanders from the military justice process. Since enforcement of an ethical code through self-regulation is one critical characteristic of professions, any change to the military’s mechanism for self-regulation could affect the military’s status as a profession. This thesis analyzes the impact that the proposed legislation would have on the United States military’s status as a profession. By comparing the history of the United States military as a profession and the history of the military justice system in the United States, this thesis establishes that the evolution of the United States military profession corresponded to the evolution of the military justice system. What started as a system of discipline became a balance between justice and discipline as the system became more fair and equitable for the professional army. To retain the elements of a system of discipline, commanders must remain involved in the process. Maintaining this balance is critical to retaining the trust of American people that is necessary for American society to continue recognizing the military as a profession. iv ACKNOWLEDGMENTS v TABLE OF CONTENTS Page MASTER OF MILITARY ART AND SCIENCE THESIS APPROVAL PAGE ............ iii! ABSTRACT ....................................................................................................................... iv! ACKNOWLEDGMENTS ...................................................................................................v! TABLE OF CONTENTS ................................................................................................... vi! ACRONYMS ................................................................................................................... viii! TABLES ............................................................................................................................ ix! CHAPTER 1 INTRODUCTION .........................................................................................1! The Problem .................................................................................................................. 14! Sexual Assault Training Oversight and Prevention (STOP) Act .............................. 17! Military Justice Improvement Act ............................................................................ 18! Current Status ............................................................................................................ 20! Research Questions ....................................................................................................... 21! Limitations .................................................................................................................... 22! Scope and Delimitations ............................................................................................... 22! Conclusion .................................................................................................................... 23! CHAPTER 2 LITERATURE REVIEW ............................................................................24! What is a Profession? .................................................................................................... 24! The Military Profession ................................................................................................ 32! Prior to the French Revolution .................................................................................