Topic > Discipline and Justice in the Army and Navy

Before 1951, the Army and Navy operated under laws derived directly from the British Articles of War in force before the Revolutionary War (Pound 2002). In those days, soldiers and sailors had few rights. The old system imposed discipline rather than justice. Punishments ranged from execution, to flogging, and hard labor with a ball and chain. The changes began. In 1850 the Navy banned flogging. After the First World War, the three levels of judgment were introduced, which continue to this day. These are the general, special and summary levels, applied depending on the severity of the allegations. The defining moment was World War II, when 2 million courts martial were formed at a ratio of nearly 1 to every 8 American soldiers. These tribunals executed more than 100 servicemen and imprisoned 45,000. The Uniform Code of Military Justice was created by public demand and protest. President Harry S. Truman signed the legislation on May 5, 1950. It was praised as the fairest military justice system in the world (Pound). This code mixed old laws with new ones (Pound 2002). Under the new one, commanding officers retained much power. This includes the responsibility of convening the court-martial and choosing the jury panels. However, new controls were introduced, similar to civil procedures. The new Code created a formal appellate review system, which included the United States Court of Military Appeals, now known as the Court of Appeals for the Armed Forces. More importantly, it expanded protections. It gave the military the right to remain silent and to be informed that any statements could be used against them at court martial. The Code also granted them free military defense counsel in serious court-martial trials. From 1968 to 1983, the court-martial t...... middle of paper ...... balanced constitutional guarantees and fairness with the demands of adequate order and discipline. He then said that those subject to military law do not have the same constitutional guarantees provided by civil law when the goal is justice. Critics have observed that the military justice system has collapsed and that it is ironic and tragic that those sworn to protect the Constitution have often been deprived of basic constitutional rights. He also believed the court-martial was out of control. There are approximately 10,000 or more each year. This situation, the 98% conviction rate, the reality of untrained and understaffed defense lawyers, and the blatant command influence have overall been serious problems facing military personnel who oppose the military rule of law ( O'Meara).#