The Military Justice Conundrum: Justice or Discipline?

摘要

Notwithstanding this language in the MCM, there is an ongoing debate over the relationship between justice and discipline the military. This article explores that debate. Part II provides a brief summary of how the military justice system works, as a prelude to identifying the elements of the debate. Part III explores the various thematic approaches to the military justice conundrum. Those themes are sometimes in competition and sometimes complementary. They reflect the views of courts and commentators that have addressed the conundrum. Part IV discusses an approach to the conundrum by drawing from similar analyses of civilian criminal justice systems, which recognize the debate over whether a criminal justice system should reflect a crime control model or a due process model. Part V attempts to resolve the conundrum using a “primary purpose” analysis of the military justice system. Finally, Part VI offers some recommendations for solving the conundrum.