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Military Law Review Volume 66

By Department of Defense

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Book Id: WPLBN0000177466
Format Type: PDF eBook
File Size: 3.8 MB
Reproduction Date: 2005
Full Text

Title: Military Law Review Volume 66  
Author: Department of Defense
Volume:
Language: English
Subject: Military, Armed Forces., National defense.
Collection: Military and Armed Forces Library Collection
Subcollection:
Historic
Publication Date:
Publisher: Department of Defense

Description
Government Reference Publication

Excerpt
Introduction: Justice William … Douglas, speaking for a majority of the United States Supreme Court in the landmark decision of O’Callahm … Parker,’ stated that “courts-martial as an institution are singularly inept in dealing with the nice subtleties of constitutional law,” * and that while a “civilian trial... is held in an atmosphere conducive to the protection of individual rights … a military trial is marked bv the age-old manifest destiny of retributive justice.” These statements have apparently been accepted as factual by some commentators and quoted in support of the proposition that the military criminal justice process should be subject to close scrutiny by the federal judiciary.* The federal courts, however, including the Supreme Court, have historically taken a “hands-off” attitude toward militarv tribunals.’ It is the purpose of this paper to trace the development of civilian judicial review of criminal justice in the armed forces with a view toward determining whether such review should be expanded or limited and whether the system of review which exists at present should be changed.

Table of Contents
MILITARY LAW REVIEW-VOL. 66 Page Articles : Civilian Judicial Review of Military Criminal Justice Service Contract Act Amendments of 1972 The Juridical Status of Medical Aircraft Under the Captain Thomas bl. Strassburg . . . . . . . . . . . . . . . . . . . Captain Clifford D. Brooks . . . . . . . . . . . . . . . . . . . . . 1 67 Conventional Laws of War First Lieutenant Edward R. Cummings . . . . . . . . . . . . 1 OS Comments : Due Process: Consumer-Soldier Versus Creditor in the Prejudgment Arena Captain James C. Gleason . . . . . . . . . . . . . . . . . . . . . . . 143 Recent Developments : United States v. Nelom (ACMR 1974). A Survey of its Potential Impact Upon On-Post Vehicular Inspections Captain John F. DePue . . . . . . . . . . . . . . . . . . . . . . . . . 191 Books Received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Annual Accumulative Index (Volumes 63-66) : Author’s Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Subject-W’ord Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

 

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