A Proposal to Make Courts-Martial Courts: The Removal of Commanders From Military Justice
| dc.creator | Schiesser, Charles W. | |
| dc.creator | Benson, Daniel H. | |
| dc.date.accessioned | 2018-11-30T15:33:38Z | |
| dc.date.available | 2018-11-30T15:33:38Z | |
| dc.date.issued | 1976 | |
| dc.description.abstract | The authors submit what they believe to be a comprehensive revision of the Uniform Code of Military Justice (UCMJ) which goes to the heart of the problem, as they see it, rather than merely the symptoms. It should be explained at the outset that the authors do not agree on all aspects of military justice. Colonel Schiesser is of the opinion that the present system under the UCMJ, as administered by the various armed forces, represents an enlightened system of military criminal law which is generally satisfactory for its stated purposes, and which should encompass jurisdiction over all offenses described in the UCMJ, wherever committed. It is his view that the reform now proposed would bring the military system of criminal justice to the highest possible standards of both efficiency and justice. Professor Benson, on the other hand, has suggested that legislation be enacted to withdraw jurisdiction from the military justice system for all offenses other than crimes against the military such as refusal to obey orders, absence without leave, and desertion. Professor Benson continues to believe that further piecemeal reform will be inadequate so long as real control of military justice remains in the hands of nonlegal military commanding officers. While both authors agree upon the necessity of removing the military commander (referred to in military law as the convening authority) from the military justice system, they do so for different reasons and from differing points of view. | en_US |
| dc.identifier.citation | 7 Tex. Tech L. Rev. 559 | en_US |
| dc.identifier.uri | https://hdl.handle.net/2346/82287 | |
| dc.language.iso | eng | en_US |
| dc.publisher | Texas Tech Law Review | en_US |
| dc.subject | Military justice system | en_US |
| dc.subject | Reform | en_US |
| dc.subject | Martial court | en_US |
| dc.subject | Uniform Code of Military Justice | en_US |
| dc.subject | UCMJ | en_US |
| dc.subject | Military commander | en_US |
| dc.subject | Convening authority | en_US |
| dc.title | A Proposal to Make Courts-Martial Courts: The Removal of Commanders From Military Justice | en_US |
| dc.type | Article | en_US |