San Diego Law Review

Library of Congress Authority File


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The military's courts-martial system can be regarded as an integral part of the justice system. This Article compares prosecutorial discretion in the civilian and military justice systems. With respect to all federal crimes, civilian or military, the President controls prosecutorial discretion through the power of his position. Other circumstances, such as money and national security, can also affect prosecutorial discretion in both the civilian and military systems. Prosecutorial discretion in the civilian and military systems differs in capital cases and cases seeking nonjudicial punishment. The author concludes that the military justice system has a greater capability for providing justice in cases where a broader range of prosecutorial discretion is permitted.

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