Reforming Military Justice: An Analysis of the Military Justice Act of 2016

158 Pages Posted: 5 Sep 2017

See all articles by David Schlueter

David Schlueter

St. Mary's University School of Law

Date Written: August 30, 2017

Abstract

The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801–946, is the statutory template for the United States’ military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe not only common law offenses but also offenses unique to the military. Congress made significant changes to the UCMJ in the 2016 Military Justice Act. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses the Military Justice Act and provides an analysis of those changes, noting that not since its enactment in 1950, has the UCMJ been amended in such a dramatic fashion. The article includes a chart as an appendix which lists the amended and new provisions to the UCMJ, the substance of each change, the legislative source for those changes, and comments about the changes.

Keywords: UCMJ, Uniform Code of Military Justice, military justice, military procedure, military evidence, military lawyers, military courts, court-martial, armed forces lawyers, armed forces law

Suggested Citation

Schlueter, David, Reforming Military Justice: An Analysis of the Military Justice Act of 2016 (August 30, 2017). St. Mary's University School of Law 49 St. Mary's Law Journal 1 (2017). Available at SSRN: https://ssrn.com/abstract=3029297

David Schlueter (Contact Author)

St. Mary's University School of Law ( email )

One Camino Santa Maria
San Antonio, TX 78228-8602
United States

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