Military Justice System in the United States

Court established for proceedings involving military personnel. The military justice system is provided for in the Code of Military Justice. The code also defines offenses and punishments, and it sets forth the procedural standards and due process safeguards that apply to defendants. The central element in the system is the court-martial, a tribunal in which prosecution of military personnel accused of crimes takes place. The system also contains a Court of Military Review, which provides automatic review of any court-martial cases where the sentence is confinement of at least a year. In addition, there is the United States Court of Military Appeals, which was established by Congress to review certain cases from the military justice system and is composed of three civilian judges. Congress recently authorized that cases from the Court of Military Appeals be reviewed by the Supreme Court on direct appeal.

See Also

united states court of military appeals, 75.

Analysis and Relevance

The military justice system has jurisdiction over American military personnel under virtually any circumstance. It parallels the civilian Judiciary (U.S.) and is governed by the Code of Military Justice. Concerns about both the substantive and procedural fairness of the military justice system led Congress to adopt a new and more comprehensive code in 1950. The revised code contains more extensive procedural safeguards than previously and provides to those undergoing court-martial many, though not all, of the constitutional protections afforded civilians. Appellate review was also made more extensive so that no sentence of a court-martial more severe than a year’s incarceration may be executed unless the findings and sentence are affirmed by the Court of Military Review. Major issues concerning the military justice system involve questions of military versus civilian jurisdiction and the rights of military defendants.

Notes and References

1. Definition of Military Justice System from the American Law Dictionary, 1991, California