Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial
Rosen, Richard D.
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Civilian court collateral review of courts-martials in the military justice system prior to World War II was restricted primarily to questions of jurisdiction, but in recent years have expanded to permitting review of a variety of military convictions and claims. The lower federal courts have come to differing views on the proper scope of court martial convictions. These differing approaches possibly prejudice service members’ rights who are seeking federal judicial relief from military convictions. Federal judicial activism could impair the independence of the military courts, and the author calls for a uniform approach which strikes a balance between the roles of the federal civilian judiciary and the military courts.
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