Lack of Consistent Article 32 Recording Correction Needed
Military members should be provided the Constitutional rights they're sworn to uphold and are granted to non-military
I am writing to ask your assistance in rectifying a major miscarriage of justice which exists in the United States Air Force judicial system regarding the lack of recording the Article 32 hearing. The Air Force is the only U.S. military service which does NOT consistently require a record of the Article 32 proceedings. In fairness to all military personnel, a new Federal Law to amend Title 10 of the United States Code, The Role of Armed Forces, Section 832, Article 32 Investigation, and direct all services to electronically record Article 32 hearings would ensure due process is enacted for all parties.
The inconsistency in this process denies the accused military member their right to due process guaranteed by the Constitution they have sworn to uphold. The inequity of not providing a full recording is the fact that pertinent details are lost ? the jury never has the opportunity to hear all the preliminary testimony. Even in civilian court proceedings, to include the Federal Court System, this inequity does not exist where both legal counsels can use properly recorded information to question people on the witness stand to ensure due process is applied. Due process should be equal across the Air Force, as guaranteed by the Constitution, and not differ between Judge Advocate offices where recording decisions are made. Both the United States Army and United States Navy record their Article 32 hearings as examples can be found online. Inasmuch as alleged victims deserve to be protected, the alleged accused also deserves to have their rights protected while the hearing officials listen to testimony and examine evidence.
With our current technology, a trial can be electronically recorded so there is no reason the Air Force is unable to record every Article 32 hearing. The Judge Advocate and defense offices can transcribe the electronic recording or an independent transcriptionist can provide a transcript for an Article 32 official record. Transcriptions can then be provided to all parties, ensuring due process for all involved. The courtrooms where Article 32 hearings are held are already equipped for electronic recording of proceedings, so providing an electronic recording would not be difficult to accomplish. Only a new Federal Law to amend Title 10 of the United States Code, The Role of Armed Forces, Section 832, Article 32 Investigation, and direct all services to electronically record Article 32 hearings would ensure due process is enacted for all parties.
I beseech you to initiate action to have the Air Force policy of limiting Article 32 information changed via a new Federal Law amending Title 10, Section 832, so all parties involved are assured their due process. Thank you for your attention to and action upon this matter.
The inconsistency in this process denies the accused military member their right to due process guaranteed by the Constitution they have sworn to uphold. The inequity of not providing a full recording is the fact that pertinent details are lost ? the jury never has the opportunity to hear all the preliminary testimony. Even in civilian court proceedings, to include the Federal Court System, this inequity does not exist where both legal counsels can use properly recorded information to question people on the witness stand to ensure due process is applied. Due process should be equal across the Air Force, as guaranteed by the Constitution, and not differ between Judge Advocate offices where recording decisions are made. Both the United States Army and United States Navy record their Article 32 hearings as examples can be found online. Inasmuch as alleged victims deserve to be protected, the alleged accused also deserves to have their rights protected while the hearing officials listen to testimony and examine evidence.
With our current technology, a trial can be electronically recorded so there is no reason the Air Force is unable to record every Article 32 hearing. The Judge Advocate and defense offices can transcribe the electronic recording or an independent transcriptionist can provide a transcript for an Article 32 official record. Transcriptions can then be provided to all parties, ensuring due process for all involved. The courtrooms where Article 32 hearings are held are already equipped for electronic recording of proceedings, so providing an electronic recording would not be difficult to accomplish. Only a new Federal Law to amend Title 10 of the United States Code, The Role of Armed Forces, Section 832, Article 32 Investigation, and direct all services to electronically record Article 32 hearings would ensure due process is enacted for all parties.
I beseech you to initiate action to have the Air Force policy of limiting Article 32 information changed via a new Federal Law amending Title 10, Section 832, so all parties involved are assured their due process. Thank you for your attention to and action upon this matter.
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