Transcripts - Response Systems to Adult Sexual Assault Crimes Panel

September 24 – 25, 2013
Agenda		Agenda
Federal Register Notice		Notice (pdf)
Transcript Minutes		Day 1 - September 24, 2013 (Transcript) Day 2 - September 25, 2013 (Transcript) September 24, 2013 (Minutes) September 25, 2013 (Minutes)
Academic Discussion - The Role of the Commander in the Military Justice Process
CV	Professor Christopher Behan, Southern Illinois University School of Law	Statement
CV	Professor Geoffrey Corn, South Texas College of Law	Statement
CV	Professor Rachel VanLandingham, Stetson University College of Law	Statement
CV	Professor Amos Guiora, University of Utah College of Law	Article
CV	Dean Victor Hansen, New England School of Law	Statement
CV	Professor Eugene Fidell, Yale Law Scool (By Phone)	Statement
CV	Professor Michel Drapeau, University of Ottawa	Statement
CV	Lord Martin Thomas of Gresford QC	Statement
Allied Forces Military Justice Systems
*Canada*
Major General Blaise Cathcart, Judge Advocate General of the Canadian Armed Forces		Biography
Major General Steve Noonan, Deputy Commander, Canadian Joint Operations Command		Biography
*Australia*
Air Commodore Paul Cronan, Director General, Australian Defence Force Legal Service		Biography
*United Kingdom*
Commodore Andrei Spence, Commodore Naval Legal Services, Royal Navy, United Kingdom		Biography
Brigadier (Ret.) Anthony Paphiti, former Brigadier Prosecutions, Army Prosecuting Authority, British Army		Biography
*Discussion with Senator Kirsten E. Gillibrand (New York)* Letter to Chairwoman Jones Victims' Stories
Discussion with Senator Claire McCaskill (Missouri)
Commander and Staff Judge Advocate Perspectives
Lieutenant General Michael Linnington, U.S. Army		Biography
Colonel Corey Bradley, U.S. Army		Biography
Rear Admiral Dixon Smith, U.S. Navy		Biography
Captain David Harrison, U.S. Navy		Biography
Commander Frank Hutchison, U.S. Navy		Biography
General Edward Rice, U.S. Air Force		Biography
Colonel Polly S. Kenny, U.S. Air Force		Biography
Major General Steven Busby, U.S. Marine Corps		Biography
Lieutenant Colonel Kevin Harris, U.S. Marine Corps		Biography
Rear Admiral Thomas Ostebo, U.S. Coast Guard		Biography
Commander William Dwyer, U.S. Coast Guard		Biography
Senior Judge Advocate Perspectives
Biography	Brigadier General Richard C. Gross, Legal Counsel, Chairman of the Joint Chiefs of Staff	Statement Letter to Honorable Barbara Jones
Biography	Lieutenant General Flora D. Darpino, The Judge Advocate General, U.S. Army	Statement
Biography	Vice Admiral Nanette M. DeRenzi, Judge Advocate General, U.S. Navy	Statement
Biography	Lieutenant General Richard C. Harding, The Judge Advocate General, U.S. Air Force	Statement
Biography	Major General Vaughn A. Ary, Staff Judge Advocate to the Commandant of the Marine Corps	Statement
Biography	Rear Admiral Frederick J. Kenney, Judge Advocate General and Chief Counsel, U.S. Coast Guard	Statement
*Materials Provided to the Panel*
*Policy, Public Statements and Proposed Legislation*
Department of Defense Correspondence and Policy
Memorandum from the Secretary of Defense, dated 6 May 2013, Sexual Assault Prevention and Response
Memorandum from the Secretary of Defense, dated 6 August 2013, Integrity of the Military Justice Process
Memorandum from the Secretary of Defense, dated 14 August 2013, Sexual Assault prevention and Response
Memorandum from Brigadier General Richard C. Gross, Legal Counsel to the Chairman of the Joint Chiefs of Staff, Addressed to Senator Carl Levin, dated 19 July 2013
Statements before the United States Commission on Civil Rights, 11 January 2013
Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy
Major General Vaughn Ary, Staff Judge Advocate to the Commandant of the Marine Corps
Lieutenant General Richard C. Harding, The Judge Advocate General, United States Air Force
Lieutenant General Dana K. Chipman, The Judge Advocate General, United States Army
Nancy Parrish, Protect Our Defenders
Statement from Rachel Natelson, Service Women’s Action Network
Statements before the Senate Committee on Armed Services, Subcommittee on Military Personnel on Sexual Assault in the Military, 13 March 2013
Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy
Rear Admiral Frederick J. Kenney, Judge Advocate General, United States Coast Guard
Major General Vaughn Ary, Staff Judge Advocate to the Commandant of the Marine Corps
Lieutenant General Richard C. Harding, The Judge Advocate General, United States Air Force
Lieutenant General Dana K. Chipman, The Judge Advocate General, United States Army
Anu Bhagwati, Service Women’s Action Network
Statements on Sexual Assault in the United States Military before the Senate Armed Services Committee, 4 June 2013
General Martin E. Dempsey, USA, Chairman Joint Chiefs of Staff
Admiral Jonathan Greenert, United States Navy, Chief of Naval Operations and Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy
Admiral Robert J. Papp, Commandant, United States Coast Guard
General Mark A. Welsh III, Chief of Staff, United States Air Force
General James F. Amos, Commandant of the Marine Corps
General Raymond T. Odierno, Chief of Staff, United States Army
Nancy Parrish, Protect Our Defenders
Anu Bhagwati, Service Women’s Action Network
Major General (Ret.) Altenburg, Responses to Senator Carl Levin’s Questions for the Record
*Legislative Proposals*
Senator McCaskill Bill: “Better Enforcement for Sexual Assault Free Environment Act of 2013”
Senator Gillibrand Amendment: To Further Improve Procedures Relating To The Courts-Martial Under The Uniform Code Of Military Justice
House Fiscal Year 2013 National Defense Authorization Act
Senate Fiscal Year 2013 National Defense Authorization Act
*Academic Panel Materials*
*Professor Chris Behan, Southern Illinois University School of Law*
Don't Tug on Superman's Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members, 176 MIL. L. REV. 190 (2003)
*Professor* Geoffrey Corn, South Texas College of Law
Unarmed but How Dangerous? Civilian Augmentees, the Law of Armed Conflict, and the Search for a More Effective Test for Permissible Battlefield Functions, 2 J. NAT'L SEC. L. & POL'Y 257 (2008)
*Professor* Michel Drapeau, University of Ottawa
Can a leopard change its spots? The National Defence Act and the CAF's resistance to change, Esprit de Corps (Vol 20, Issue 6)
Canada's military justice system lagging behind that of others, Esprit de Corps (Vol 20, Issue 3)
Canada's military justice system, further and further behind international norms, Esprit de Corps (Vol 18, Issue 10)
Time to rebrand JAG as CF legal adviser, The Hill Times (4 Mar 13)
Falling out of step? Canada's military justice system has opportunity to strengthen bond between Canada and England, The Hill Times (19 Sep 11)
Canadian Military Law Sentencing under the National Defence Act: Perspectives and Musings of a Former Soldier, CANADIAN BAR REV. (2003)
*Professor* Eugene Fidell, Yale Law School
2013 Defense Legal Policy Board Separate Statement
10 Apr 13 Letter to the House Armed Services Committee
17 Mar 13 Letter to the House Armed Services Committee
International Developments in Military Law, 17 CAN. CRIM. L. REV. 83 (2013)
The Gunner's Case, Mil. L. & L. of War Rev. (2012)
Recent Revisions of Military Justice Systems (2011)
Op-Ed to the Baltimore Sun: The Naval Academy Sex Assault Hearing Should Be the Last of Its Kind
*Professor* Victor Hansen, New England School of Law
Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?, 16 TUL. J. INT'L COMP. L. 419 (2009)
The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences, draft book chapter (Publication forthcoming)
*Professor* Rachel Vanlandingham, Stetson University College of Law
Acoustic Separation in Military Justice: Filling the Decision Rule Vacuum Ethical Standards, OHIO ST. J. OF CRIM. L. (Forthcoming Winter 2013)
Lord Martin Thomas of Gresford QC
Submission to the Panel
*Professor* *Amos N. Guiora, Co-Director, Global Justice Center*
Statement to Armed Services Committee
*Additional Academic Materials*
Joint Statement of Prof Corn and Prof VanLandingham to the Panel: Two For One: The Ethical Pursuit of Justice in the Military, And Battlefield Success, Through Joint Prosecutorial Decisions
Note, Prosecutorial Power and the Legitimacy of the Military Justice System, 123 HARV. L. REV. 937 (2010)
Law Professors' Statement on Reform of Military Justice (7 Jun 13)
Findlay v. United Kingdom, 24 E.H.R.R. 221 (1997)
R. v. Genereux, 1992 CARSWELLNAT 668, (1992)
Weiss v. United States, 510 U.S. 163 (1994)
*Public Comments*
Statement from Protect our Defenders with 5 Attachments
*Allied Forces Military Justice Systems*
*Australian Military Justice System Materials*	*Canada Military Justice System Materials*	*United Kingdom Military Justice System Materials*
Air Commodore Cronan Presentation to the Response Systems Panel	Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 09 – 31 Mar 10	Open Society Justice Initiative: Comparative Analysis of Preliminary Investigations Systems in Respect of Alleged Violations of International Human Rights and/or Humanitarian Law
Overview of the Australian Military Discipline System	Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 08 – 31 Mar 09	UK Military Prosecutions for Sexual Offenses
Australian Defence Force Position Background Papers	Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 07 – 31 Mar 08	Joint Service Publication 830, Manual of Service Law, Vol 1, Vers. 2.0
System Transition Charts	Report of the Special Advisory Group on Military Justice and Military Police Investigation Services (Dickson Report), 1997	Joint Service Publication 830, Manual of Service Law, Vol 2, Vers. 2.0
Director of Military Prosecution Directive; 02/2009-Prosecution and Disclosure Policy	Bill C-25, An Act to Amend the National Defence Act and to Make Consequential Amendments to other Acts, June 11, 1998	Joint Service Publication 830, Manual of Service Law, Vol 3 Legal Compendium
Memorandum of Understanding between the Australian Directors of Public Prosecutions and Director of Military Prosecutions	The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as required under section 96 of Statutes of Canada 1998, c.35, September 3, 2003	An Historical Summary of Development of Discipline in the Armed Forces
SeMPRO Brochure and Materials	Report of the Second Independent Review Authority to The Honourable Peter G. MacKay, Minister of National Defense (LeSage Report), 2011	Naval Service Annexes on Mediation Policy for Resolution of Workplace Based Disputes and Appropriate Bullying and Harassment Complaints
The Role and Functions of Convening Authorities (1985-2006)	Colonel Michael Gibson, Canada has one of best military justice systems in the world, The Hill Times (31 Oct 11)	Naval Service Guide to Mediation Flyer
DFDA Jurisdiction and Offences	Colonel Michael Gibson, JAG leads proactive military justice oversight, responsible development and positive change, The Hill Times (18 Mar 13)
Statistics on Reporting, Investigating and Trials of Sexual Offences in the Australian Defence Force	Colonel Michael Gibson, Canada’s Military Justice System, CANADIAN MIL. J. (Vol. 12, No. 2)
Australian Defence Force Policy for Support for Victims of Sexual Offences	Michael R. Gibson, International Human Rights Law and the Administration of Justice through Military Tribunals: Preserving Utility while Precluding Impunity, 4 J. INTL. L. INTL. REL. 1
	Director of Military Prosecutions Policy Directive #004/00, Sexual Offenses (1 Mar 00)
	Director of Military Prosecutions Policy Directive # 003/00, Post-Charge Review (18 Mar 09)
	DAOD 5019-5, Sexual Misconduct and Sexual Disorders (26 Sep 08)
	Sexual Assault Data from Courts-Martial from 2005-2010, Deputy Judge Advocate General Military Justice, Office of the Judge Advocate General
*Israel Military Justice System Materials*	*The Law Library of Congress, Report for Congress: Adjudication of Sexual Offenses*	*Other Materials Received*
Email to RSP Staff Director, Clarifications Regarding Israeli System and Statistics		Dean Lisa Schenck, Fact Sheet on Australia Military Justice
Statistical Tables Relating to Sexual Harassment Incidents within the IDF: 2007-2012		Dean Lisa Schenck, Fact Sheet on Canada Military Justice
The Translation of Article 3 of The Prevention of Sexual Harassment Law 1998		Dean Lisa Schenck, Fact Sheet on Israel Military Justice
		Dean Lisa Schenck, Fact Sheet on United Kingdom Military Justice
		Input from Brigadier (Ret.) Anthony Paphiti regarding UK Fact Sheet
		Letter from Bruce Houlder, QC DL, Director of Service Prosecutions regarding UK Fact Sheet