1. The Prosecutor’s Responsibilities
1-1.1 Primary Responsibility
The prosecutor is an independent administrator of justice. The primary responsibility of a
prosecutor is to seek justice, which can only be achieved by the representation and
presentation of the truth. This responsibility includes, but is not limited to, ensuring that
the guilty are held accountable, that the innocent are protected from unwarranted harm,
and that the rights of all participants, particularly victims of crime, are respected.
The prosecutor is an independent administrator of justice. The primary responsibility of a
prosecutor is to seek justice, which can only be achieved by the representation and
presentation of the truth. This responsibility includes, but is not limited to, ensuring that
the guilty are held accountable, that the innocent are protected from unwarranted harm,
and that the rights of all participants, particularly victims of crime, are respected.
1-1.2 Societal and Individual Rights and Interests
A prosecutor should zealously protect the rights of individuals, but without representing
any individual as a client. A prosecutor should put the rights and interests of society in a
paramount position in exercising prosecutorial discretion in individual cases. A
prosecutor should seek to reform criminal laws whenever it is appropriate and necessary
to do so. Societal interests rather than individual or group interests should also be
paramount in a prosecutor’s efforts to seek reform of criminal laws.
A prosecutor should zealously protect the rights of individuals, but without representing
any individual as a client. A prosecutor should put the rights and interests of society in a
paramount position in exercising prosecutorial discretion in individual cases. A
prosecutor should seek to reform criminal laws whenever it is appropriate and necessary
to do so. Societal interests rather than individual or group interests should also be
paramount in a prosecutor’s efforts to seek reform of criminal laws.
As a member of the Armed Forces for 26+ years, it is a basic tenant of our way of life to establish and live by "STANDARDS"
So it begs to ask, why doesn't the JAG Corps follow these standards?
I have a saying...Who is "watching the watcher?"
Think about this tidbit from my case...
When asked by the defense team, what was the government trying to get from even pursuing the obvious false allegations against me...the young tax attorney, serving as trial counsel replied..."because I believe him..." This after the complaining witness admitted to 5 felonies under oath at the Article 32!!
Yes Sen Boxer...the Article 32 session...he admitted to stealing passwords, lying to prosecution, lying to investigators, hacking into email and websites and all under oath...
Then with no evidence, no facts of an assault or even any sexual contact a senior military judge says guilty?
This is all on the RECORD...
So what Standards are being followed?
There are no Standards in UCMJ.
I will say it again, this environment of believe every allegation and prosecute everyone is a serious Readiness issue on the force.
When the brave volunteers in uniform have to worry about everything they do...RIGHT and WRONG...they are distracted away from their mission and their job.
God Bless the volunteer force. They are our BEST ASSET!
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