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The Hampton Roads, Virginia area is a bedrock of military
service. Installations for all branches of the military
can be found within a fifty mile radius of the region. Court
martial, administrative separation proceedings, physical evaluation
boards, and applications to the Boards for Correction and
Discharge Review Boards are all part of military practice.
Recent issues in military law encompass the "Don't Ask,
Don't Tell" cases, assisting gay personnel in staying
in the military, as well as in obtaining honorable discharges
and benefits.
What Is Military Law?
Military Law, in the United States, term used to
designate the body of statutes, rules, and regulations governing
military personnel and also certain civilians during wartime.
Unlike martial law, which applies to all persons and property
in the district in which it prevails, military law in peacetime
applies to military personnel alone. Military law differs
from military government in that the latter refers particularly
to the military jurisdiction exercised by an army of occupation
over the territory and inhabitants of an enemy country.
The basis of the military law of the United States is contained
in Article 1, Section 8, of the U.S. Constitution, by which
Congress is empowered "to make rules for the government
and regulation of the land and naval forces"; the law
is embodied in the Uniform Code of Military Justice, which
became effective in 1951.
The statutes of military law establish systems of military
courts and include penal codes defining the offenses for
which persons subject to the code may be punished. Such
offenses include mutiny, insubordination, neglect of duty,
unbecoming conduct, theft, robbery, rape, and murder. Military
personnel charged with crimes of a civil nature may be tried
by military courts if the crime is service-connected or
of military significance, or if it occurs outside the United
States or its possessions. Similarly, military personnel
are subject to trial by civil courts if they commit a civil
offense. Punishments vary according to the nature of the
offense and range from restriction within certain limits,
confinement, loss of pay, or reprimand, to the death penalty
for such offenses as murder, treason, and desertion in time
of war. Trials before military courts are conducted without
a grand jury or a petit jury; for the composition and operation
of such courts.
Copied from "Military Law," Microsoft® Encarta®
Online Encyclopedia 2000 http://encarta.msn.com © 1997-2000
Microsoft Corporation. All rights reserved.
What Is The U.S. Court of Appeals for The Armed Forces?
The United States Court of Military Appeals, which
was re-designated on October 5, 1994 as the United States
Court of Appeals for the Armed Forces by the National Defense
Authorization Act for 1995. Thus, this Federal Court is
established under Article I of the Constitution which gives
to Congress the power to make rules for the government and
regulation of the armed forces. The court was designed to
insure a military judicial system which balanced the need
to maintain discipline in the armed forces and the desire
to give to service members accused of crime rights paralleling
as nearly as possible the rights enjoyed by accused persons
in the civilian community.
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