Hodson Lecture: Manual for Courts-Martial
20X, 156 Mil.
Yet, it is the courts-martial
process and involvement of commanders, prosecutors, defense counsel, and judges that ensure the procedural and substantive rights of military personnel are protected and they receive due process of law.
, by contrast, are dedicated' (for reasons partly historical and partly military) 'to upholding the authority of military institutions over the individuals who belong to them .
As a result, it reduced the number of summary courts-martial
Notably, the majority of courts-martial
are tried by military judge
26) That definition, however, is at odds with the definition of "time of war" for purposes of the Manual for Courts-Martial
35) The 1891 Instructions for Courts-Martial
Including Summary Courts (1891 Instructions) ensured the "equality of members" in all deliberations, regardless of rank.
The Houston Riots Courts-Martial
of 1917--and a number of other instances of injustice during the World War I era--ultimately led to other far reaching reforms in the military justice system.
At Army and Royal Air Force courts-martial
the civilian judge advocate will sit on the same bench as the president and other members of the court-martial board.
7) In this constitutional framework, the modem military justice system was established with a foundation resting on four authorities: the Uniform Code of Military Justice (UCMJ); (8) the Manual for Courts-Martial
(MCM); (9) a Presidential Executive Order that includes the rules for trial by court-martial; and, the body of case law developed from the courts that review military justice cases: the service Courts of Criminal Appeals, the Court of Appeals for the Armed Forces, and the United States Supreme Court.
In practice, deployed commanders and judge advocates exercised all possible alternatives to avoid the crushing burdens of conducting courts-martial
, from sending misconduct back to the home station, to granting leniency, to a more frequent use of administrative discharge procedures.
60) This objective complies with the explicit statutory goal that real by courts-martial
mirror trial in civilian court as closely as possible.