Unlawful Command Influence-still With Us; Perspectives Of The Chair In The Continuing Struggle Against The 'mortal Enemy' Of Military Justice

摘要

The prevention of unlawful command influence is a primary reason we exist as a JAG Corps today, and is certainly the main reason Congress created the Court of Appeals for the Armed Forces (CAAF). As illustrated by the cited cases and examples from the field, it is still with us, requiring vigilance by everyone practicing within the military justice system. They also remind us of the need for aggressive action by all parties, and the ameliorative effects of prompt and thorough remedial measures. The need for fairness in our military justice system was recognized long ago by General George Washington in one of his first general orders: "No Connections, Interests, or Intercessions . . . will avail to prevent strict execution of justice." This quotation is contained within a memorandum written by then Chief of Staff General John A. Wickham, Jr., emphasizing the importance of prohibiting unlawful command influence with senior commanders throughout the Army. His memorandum and this article end with the following sentences. "It is incumbent upon you, together with your legal advisor, to assure that your subordinate commanders understand and adhere to the provisions of Article 37. Our system of justice demands no less."