Independence in the prosecution of offenses in the Canadian Forces : military policing and prosecutorial discretion : a study

by James W. O'Reilly

Description

Two issues are the subject of this paper: the independence of decision making by military police and the independence of prosecutorial decision making within the military. The paper first describes the role of the military police, its functions, organization, deployment, and conduct and control of investigations. It then evaluates prosecutorial discretion in the military setting, discussing prosecutions in the military justice system, the importance of independence in prosecution functions show more in the civil setting, prosecutorial discretion in other settings, factors affecting prosecutorial decision in the military, and areas of concern such as the lack of structure in prosecutorial discretion. Recommendations are made throughout with an emphasis on the need for independence at all stages of investigations and prosecution. The appendix reproduces guidelines and standards relating to prosecutions. show less