TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P28

Gale Encyclopedia of American Law Volume 3 P28 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 258 COURT-MARTIAL Any Last Words The Evolution of the Court-Martial Throughout most of its 200-year history the court-martial was the ogre of . law. Modeled on sixteenthcentury European ideas about discipline and punishment courts-martial worked smoothly. Commanders ran them defendants had few rights and punishments were arbitrary disobedient soldiers were fined jailed or discharged and deserters flogged or hanged. constitutional law rarely got in the way. Between 1775 and 1950 the . military scarcely altered its methods. it was not until the Vietnam war era that reform came at the hands of federal lawmakers and judges. In the early 2000s the military tribunal resembles the average federal court. Historically the military justice system has always been distinct from the civilian court system. it formally began in 1775 when the continental congress enacted the first American articles of war closely modeled on the British Articles of war which had their roots in sixteenth-century Europe. Under the articles military justice had a simple two-sided goal to promote good behavior and punish bad behavior. It specified civilian offenses such as murder and larceny and military offenses such as disobedience disrespect to officers and desertion. To try defendants for violations it established a simple tribunal made up of officers under the control of their commander. Accused parties had few if any of the due process and appeal rights enjoyed by defendants in civilian courts. No standard rules for punishment existed as with all matters in a court-martial punishment was decided completely at the discretion of the commander. Free from the constraints of civilian courts early courts-martial produced stark results. General george Washington like other commanders understood the court-martial s potential for keeping order in the ranks. During the Revolutionary war he ordered his troops to watch the execution of fellow soldiers who had been convicted of desertion. Discipline .

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