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Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
Henry Ossian Flipper was an American soldier, former slave and in 1877, the first African American to graduate from the United States Military Academy at West Point, earning a commission as a second lieutenant in the US Army.
The Uniform Code of Military Justice is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces".
A military discharge is given when a member of the armed forces is released from his or her obligation to serve. Each country's military has different types of discharge. They are generally based on whether the person completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of the person's service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether the person had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, or whether the person had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge.
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The United States Court of Appeals for the Armed Forces is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the President of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.
A military prison is a prison operated by the military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime. Thus, military prisons are of two types: penal, for punishing and attempting to reform members of the military who have committed an offense, and confinement-oriented, where captured enemy combatants are confined for military reasons until hostilities cease.
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
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The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps.
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The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC.
The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under 10 U.S.C. § 866(a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals pendente lite. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.
The term convening authority is used in United States military law to refer to an individual with certain legal powers granted under either the Uniform Code of Military Justice or the Military Commissions Act of 2009.
Runkle v. United States, 122 U.S. 543 (1887), was a case in which the Supreme Court of the United States determined that the president cannot delegate the power vested in him to approve the proceedings and sentence of a court-martial because the president is the only person bestowed with the judicial power of making a final determination.
The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
References
- Notes
- ↑ "Board for Correction of Naval Records (BCNR)". www.public.navy.mil. Retrieved 2017-03-29.
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