When President Barack Obama harshly criticized members of the military who commit sexual assault, saying that they should be "“prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged,” he inadvertently created “unlawful command influence" throughout the armed forces that will be "certain to complicate almost all prosecutions for sexual assault," Jennifer Steinhauer of the New York Times reports.
Steinhauer notes:
“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.
The president’s remarks might have seemed innocuous to civilians, but military law experts say defense lawyers will seize on the president’s call for an automatic dishonorable discharge, the most severe discharge available in a court-martial, arguing that his words will affect their cases.
http://www.breitbart.com/Big-Peace/...mments-on-Sexual-Assault-in-Military-Backfire
Steinhauer notes:
“Unlawful command influence” refers to actions of commanders that could be interpreted by jurors as an attempt to influence a court-martial, in effect ordering a specific outcome. Mr. Obama, as commander in chief of the armed forces, is considered the most powerful person to wield such influence.
The president’s remarks might have seemed innocuous to civilians, but military law experts say defense lawyers will seize on the president’s call for an automatic dishonorable discharge, the most severe discharge available in a court-martial, arguing that his words will affect their cases.
http://www.breitbart.com/Big-Peace/...mments-on-Sexual-Assault-in-Military-Backfire