Law 795: Military Justice
This course looks at the military justice system and how well it fits within the Constitution and global practices. We will grapple with contemporary issues stressing the military justice system such as the war on terror, sexual harassment, sexual assault, and racial extremism. In so doing, we will draw on the history of military justice and its sources of authority including the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM) as well as explore concepts such as "good order and discipline" and the "chain-of-command." We will address the role of the military commander under the UCMJ; the scope of military jurisdiction over persons and crimes; the different types of crimes established in the UCMJ; military trial practice and procedure and juries; limits on freedom of speech, conscience, association, and identity; the evidentiary and procedural rules under the UCMJ/MCM; punishments; reviews and appeals of court martial convictions and sentences; and military justice during military operations. No prior military experience is necessary. All are welcome and a diversity of perspectives civilian and military is encouraged.
Sequence and Prerequisites: None
Evaluation: This course will be evaluated by final examination.