James Glissan
👤 SpeakerAppearances Over Time
Podcast Appearances
Right.
Binary.
Right.
So in the US, it can be quite different.
And the reason I draw a lot of distinctions between us and the US is because we share a very similar foundation for the system, but we've grown in very different ways.
So in the US, the jury may have more of an influence in terms of penalty.
It certainly does when it comes to civil matters.
Here...
It's got nothing to do with the jury.
They're just there to determine the facts, the truth of what happened.
And in some ways, it may even be more beneficial to have people who have no experience in the military because they can't have their judgment clouded where they say, oh, well, I've seen that done before, so maybe it did happen.
they really have to bring an impartial mind to it.
I mean, like it's such a unique context.
It's such unique circumstances that it's near impossible to do.
And there are real practical difficulties with that.
So when you're talking about the court martial aspect, it's predominantly for disciplinary issues for current serving ADF.
But when you're talking about this, and even though it doesn't seem right, because sometimes the law is not all that logical and
You have a situation where the offense is outside of the military jurisdiction.
And so people who are drawn to the jury are outside the military jurisdiction.
So if you wanted to look at it as perhaps, or if you wanted to frame it as a break or an issue with the way that laws work, it would be how the jurisdiction is handled.