NCJ Number
180268
Date Published
1999
Length
102 pages
Annotation
Intended for members of all the U.S. military services and for civilians who want information about military law, this reference explains the military justice system, including military law and procedure as well as a comparison of the civilian and military legal systems.
Abstract
The first chapter pertains to jurisdiction, which refers to the authority or power of a court to decide an issue before it. Topics discussed in this chapter are jurisdiction over the subject matter and the person, the composition and convening of the court, and charges properly referred. Pretrial confinement and restraint are addressed in the second chapter, with attention to apprehension, types of pretrial restraint, and sentence credit. The third chapter outlines Fifth and Sixth Amendment rights under military justice, along with rights warnings. Chapter Four considers search-and-seizure parameters. Topics covered include Fourth Amendment protection and application, search warrants, warrantless searches, and inventories and administrative inspection. Nonjudicial punishment is the focus of Chapter Five, as it provides a procedural overview, the limitations of nonjudicial punishment, permissible punishment, and the "vessel exception." The remaining chapters discuss issues pertinent to the court-martial process, military crimes, substantive crimes, defenses, the law of war, and miscellaneous issues in military law. Chapter notes and a 76-item bibliography