Justice, Military

Laws applicable to the conduct of members of the armed forces. The historical foundation for U.S. military [Page 400]law is the 1774 British Articles of War. The U.S. Congress adopted similar codes, called the American Articles of War and Articles for the Government of the Navy, even before it drafted the Declaration of Independence. Today, military justice in the U.S. armed services is governed by the Uniform Code of Military Justice (UCMJ).

The codes adopted during the Revolutionary War were amended and revised over the years but remained largely unchanged until World War II. Throughout most of this time, the U.S. peacetime army was quite small, and soldiers understood that they were entering a different system of justice with unique procedures and punishments. Because of the small number of soldiers, most of whom were professionals, there were relatively few court-martials up to this time.

During World War II, however, more than 16 million men and women served in the armed forces, and some 2 million court-martials were convened during the war. These resulted in some 80,000 convictions, or about 60 for each day the United States participated in the war. At that time, the military justice system did not offer accused sailors and soldiers the same protections afforded by the civilian courts. The system was foreign to many American citizens who objected to the way the military interpreted and applied criminal law.

Following the war, many organizations, including the American Bar Association, the American Legion, the Judge Advocates Association, and the New York Bar Association, made proposals to improve the military justice system. In 1950, the U.S. Congress enacted the UCMJ as a major revision of existing military law, one that provided service members with substantial guarantees of fair judicial process. The UCMJ is a set of criminal statutes that covers many aspects of civilian law (for example, murder, rape, drug use, larceny, and drunk driving), but also punishes conduct that undermines military order and discipline. Such crimes include desertion, absence without leave, disrespect toward superiors, failure to obey orders, dereliction of duty, misuse of military property, drunkenness on duty, malingering, and conduct unbecoming an officer. The UCMJ also includes laws that punish cowardice in combat, improper use of a countersign, misbehavior of a sentinel, misconduct as a prisoner, aiding of the enemy, and espionage.

The UCMJ has been amended several times, with changes to enhance the role of trial judges, set minimum qualifications for military judges, and require a licensed attorney as defense counsel in all courts-martial.

Under a 1984 revision, military rules of evidence became substantially the same as the rules used in the U.S. federal court system.

Although commanders have a significant role in the military justice system, extensive safeguards protect soldiers against abuse of authority. Many legal scholars argue that the UCMJ has actually established more safeguards to protect the rights of criminal defendants than the civilian justice system. In addition, a panel called the Joint Service Committee on Military Justice reviews the UCMJ yearly and recommends changes and revisions to the Congress.

...