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Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Faculty Articles
The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
St. Mary's Law Journal
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 Military Justice Act of 2016. 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 …