Striking the Balance between Discipline and Justice: The Commander's Role in the Military Justice System and its Impact on the Military Profession - Sexual Assault Scandals and History of Justice

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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.

This study will examine whether removing commanders from the military justice process will affect the United States military's status as a profession. Chapter 2 includes a survey of existing literature on the elements of a profession, the military's status as a profession, and the arguments for and against commander involvement in the military justice process. Chapter 3 presents the methodology for this study and Chapter 4 provides a historical case study of the military as a profession in the United States and military justice in the United States. Chapter 5 concludes the study with an analysis to determine whether removing commanders from the military justice process will impact the military's status as a profession.

ABSTRACT * ACKNOWLEDGMENTS * TABLE OF CONTENTS * ACRONYMS * TABLES * CHAPTER 1 INTRODUCTION * The Problem * Sexual Assault Training Oversight and Prevention (STOP) Act * Military Justice Improvement Act * Current Status * Research Questions * Limitations * Scope and Delimitations * Conclusion * CHAPTER 2 LITERATURE REVIEW * What is a Profession? * The Military Profession * Prior to the French Revolution * After the French Revolution * Arguments Related to Commander's Involvement in Courts-Martial * Arguments for Removing Commanders from the Military Justice Process * Arguments in Favor of Commander Involvement in the Military Justice Process Conclusion * CHAPTER 3 RESEARCH METHODOLOGY * Introduction * Qualitative Research * Method * CHAPTER 4 HISTORICAL CASE STUDIES * The Military Profession in the United States * Military Justice in the United States * Articles of War * The UCMJ * Sexual Assault Scandals and Recent Legislation * Conclusion * CHAPTER 5 CONCLUSIONS AND RECOMMENDATIONS * Introduction * Evolution of the Military Justice System for a Professional Military * Society's Recognition of the Military Profession * GLOSSARY * APPENDIX A PROPOSALS TO AMEND THE UCMJ MADE BY THE 113TH CONGRESS * APPENDIX B SUMMARY OF CHANGES TO THE UCMJ MADE BY THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014 * APPENDIX C RECOMMENDATIONS OF THE RESPONSE SYSTEMS PANEL REGARDING THE ROLE OF COMMANDERS IN THE MILITARY JUSTICE SYSTEM. * BIBLIOGRAPHY * Constitution * Statutes and Laws * Cases * Legislative Materials * Books * Scholarly Articles * Periodical Materials * Government Documents * Internet * Other Sources