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Military, War, and Peace

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1968

Uniform Code of Military Justice

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The Right To Competent Counsel In Special Courts Martial, Edward F. Sherman Jan 1968

The Right To Competent Counsel In Special Courts Martial, Edward F. Sherman

Articles by Maurer Faculty

The special court martial is the intermediate court of the Armed Forces, with jurisdiction over any noncapital offense under the Uniform Code of Military Justice. Counsel in special court martial cases need not be lawyers, and in fact few of them are in special courts martial of the Army and the Navy. Mr. Sherman argues that the time has come to change this practice and ensure that servicemen are always represented by competent lawyers at such trials.


Military Law And The Miranda Requirements, Gaylord L. Finch Jan 1968

Military Law And The Miranda Requirements, Gaylord L. Finch

Cleveland State Law Review

The purpose of this article is to examine the Code and its effectiveness in dealing with the military accused in the area of criminal procedure. Emphasis will be placed on the serviceman's right to counsel, the serviceman's Fifth Amendment privilege against self incrimination and the scope of the Bill of Rights when applied to the serviceman. The discussion will be limited to the relationship of the military to its own personnel.