Therapeutic Jurisprudence And The Uniform Code Of Military Justice

7095 Words Jun 7th, 2015 29 Pages
THERAPEUTIC JURISPRUDENCE AND THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ)

Lorna Kennedy*

I. INTRODUCTION

In recent years scholars, throughout the legal and educational domain, have considered a vast range of topics through a Therapeutic Jurisprudence (TJ) lens, to include, the characteristics of mental disability law, family law, criminal law and criminal procedure, employment law, gay rights law, and tort law. But, nowhere has there been a comprehensive plea for therapeutic jurisprudence within the military.
Until recently, little was written about the need for TJ within the military justice system or within the Uniform Code of Military Justice (UCMJ). Indeed, literature is sparse beyond the call for TJ in cases involving PTSD. For example, of the few law articles written suggesting reform within the UCMJ is one article calling for TJ involving a soldier who suffered from PTSD. The soldier, unrepresented by counsel was chaptered out of the military but not before being demoted, reductions in pay, assigned extra duty and restricted to quarters. This type of punishment is standard operating procedure in the military. To those of us who have served in the military this punishment is the norm.
Despite recent calls for constitutional protections in a military court of law, a soldier continues to be barred from many due process privileges enjoyed in civilian courts. The soldier is stripped of dignity by public reduction in rank, status and removal from his or her…

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