Evening star., 1947-01-05

! Naval courts martial functioned
justly and fairly in most OF the
cases tried during the war, accord
ing to the Rev. DR.. Robert j.
White, dean of the Law School OF
Catholic University and commodore
in the Navy's chaplain corps during
the war.
His conclusion. was stated in a
report submitted to Secretary OF
the Navy Forrestal last night, de-
failing results of personal study
of 500 men convicted by courts
martial. DR.. White personally in
terviewed each man in his place
of confinement.
While stating his belief in the
fairness of the courts, DR.. White
recommended improvements IN
naval court procedure. He also
urged explicit guarantees by the
Navy of Constitutional liberties.
and said delays in naval justice
aroused just resentment.
Absences Lead List.
The overwhelming number OF
cases studied represented unau-
thorized absences, DR.. White COM
mented and added: I'm lost-man
days, the total would aggregate sew
eral hundred thousand man-days
per year In terms of life and
death, this type of offense undoubt-
edly contributed to many deaths of
Navy men who assumed the tasks
abandoned by those who had gone
over the hlll'.''
While conceding that in many
cases there were extenuating cir
cumstances, he added that "it must
be reluctantly admitted that many
chose the easy way out, deliberately
demonstrating complete lack OF
any sense of patriotic duty or per-
sonal honor"
The most complaints were directed
at naval counsel assigned to defend
the accused. Dr. White said that
this was due not only to their lack
of legal training, but also to the
fact that the tools to work" with
naval courts and boards, were con-
fusing, unduly complicated and, in
many respects, hardly intelligible
to the nonlegal trained defender" p"
The INVESTIGATOR recommended a
complete revision of the naval
courts and boards manual, together
with provision for better instruc-
ton in naval justice both for regu-
lars and members of the reserve.
Favors Basic Changes.
The chief source of basic laws OF
naval discipline is the Articles for
the Government of the Navy, he
pointed out, adding that it is gen.
orally agreed that these need revi-
sion to effect:
/. A simplified and more orderly
arrangement.
2. Elimination of material which
has become out of date.
..Clarification of several basic
elements of naval justice, such as
Jurisdiction of criminal offenses,
the nature and limits of punishment
in time of war as well as peace, the
importance of vigilant scrutiny OF
Identification testimony and the
need for equality of punishment.
DR.. White recommended tnat the
several types of disciplinary pro-
ceedings, captains mast, deck court,
summary court and general court
martial, should be retained. He
suggested, however, that jurisdlc-
ton of summary courts martial be
reasonably enlarged to dispose OF
cases which are too serious for a
deck court, and yet not sufficiently
serious for a general court.
He also recommended that fuae-
tions of Judge advocate and prose-
cutor be separated, and that the
number of officers composing gen.
eral court martial be reduced and
fixed at not less than five nor more
than seven.
Personal Guarantees Urged.
Inclusion in the naval articles OF
personal guarantees, similar to those
provided under the Constitution for
civilians, was urged. These would
provide that no person subject to
the articles should be compelled to
testify against himself; or be placed
twice in jeopardy for the same Of
fense; or be deprived of life, liberty
or property without due process OF
military law; or be subjected to any
cruel or unusual punishment
They also should include provi-
sion that every person brought to
trial shall be entitled to speedy
trial before an impartial court. be
-