Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Cleveland State Law Review
In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of …
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Cleveland State Law Review
In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of …
Military Law And The Miranda Requirements, Gaylord L. Finch
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.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Cleveland State Law Review
Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.