Accession Number : AD0772292

Title :   Command Authority in Selected Aspects of the Court-Martial Process.

Descriptive Note : Individual research rept.,

Corporate Author : ARMY WAR COLL CARLISLE BARRACKS PA

Personal Author(s) : Fulton,William S. , Jr

Report Date : 08 MAR 1971

Pagination or Media Count : 71

Abstract : In the aftermath of recent amendments to the Uniform Code of Military Justice, still more have been proposed. Their purpose is to reduce further the decision-making functions of commanders in the court-martial process. The question is whether those powers are necessary to promote order and discipline in the Army. Through literature research, this question is brought to focus on three constitutional rights not directly applicable to military trials; namely, the rights to bail, indictment by grand jury, and trail by jury. The functions of commanders with respect to the comparable military judicial processes are compared with civilian practices in the United States and military practices in Great Britain, Canada, France, and West Germany. (Modified author abstract)

Descriptors :   *Military law, *Reviews

Subject Categories : Sociology and Law

Distribution Statement : APPROVED FOR PUBLIC RELEASE