It is a mystery why neither UCMJ
nor the Manual for Courts Martial United States provide a process for an exonerated individual to have his or her record expunged.
violations of both the Law of War and the UCMJ
(1) Since 1950, active service-members in the United States military have fallen under the jurisdiction of the Uniform Code of Military Justice ("UCMJ
court-martial, pursuant to Article 2(a)(8), UCMJ
. Public Health Service
conflict may be punished for a law of war violation, as such, or a UCMJ
This new UCMJ
created a civilian court consisting of three judges appointed from civilian life by the President--by and with the advice and consent of the Senate--for terms of fifteen years.
Prior to the UCMJ
, a "commander historically had virtually unchecked control over military justice." (8) After World War II, though, protests against an unfair and unduly harsh system led Congress to adopt the UCMJ
Sailors using social media are subject to the UCMJ
at all times, even when off duty.
The second sentence of the Article explicitly states that "[n]o person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case." (204) Military prosecutors--because of their status as soldiers--are persons subject to the UCMJ
, and the pertinent language would include misconduct relating to their responsibilities, since that conduct can also interfere with the administration of justice.
However, there is an equally effective (and prevailing) counter-argument that the eight charged Marines benefitted from the due process rights afforded by the UCMJ
and the US Constitution.
justified in 1950, due to fundamental changes in the UCMJ
, the original
Like the UCMJ
, the MCA prohibits the invalidation of a verdict or sentence due to an error of law unless the error materially prejudices the substantial rights of the accused.