Victims of Military Sexual Assault and Access to Interlocutory Appeals: The Need to Go Beyond the Ordinary Review Standard for Writs of Mandamus
Abstract
This project analyzes whether writs of mandamus filed by victims of sexual assault
in the military justice system should be reviewed at the standard of an ordinary interlocutory
appeal. The project conducts a policy analysis of the role of victims in the courts-martial
process as well as the impact on defendants of expanded victim interlocutory appellate
rights. At the end of the analysis, the author recommends that Article 6b of the
Uniform Code of Military Justice should be amended in four ways. First, language
should be added that requires military courts of appeals to apply ordinary standards
of interlocutory appellate review for victim writs of mandamus. Second, the statute
should include a time limit when the court must respond to a petition for a writ of
mandamus. Third, the statute should require the judge to include a substantive opinion
when issuing a decision on a petition for a writ of mandamus. Finally, the statute
should explicitly give the Court of Appeals for the Armed Forces jurisdiction to hear
appeals regarding victim writs of mandamus.
Type
Master's projectDepartment
The Sanford School of Public PolicyPermalink
https://hdl.handle.net/10161/14918Citation
Lucero, Gabrielle (2017). Victims of Military Sexual Assault and Access to Interlocutory Appeals: The Need to
Go Beyond the Ordinary Review Standard for Writs of Mandamus. Master's project, Duke University. Retrieved from https://hdl.handle.net/10161/14918.More Info
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