Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process. Marrazzo contends, however, that the Court of Appeals for… Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine
Tag: Military Law
Symposium on Military Justice | October 2021
Hosted by National Institute of Military Justice (in honor of NIMJ’s 30th anniversary) The following pieces are from the “30 Years of Military Justice” symposium held on Oct. 28, 2021, with keynote speaker Senator Kirsten Gillibrand (D-NY), and in partnership with Georgetown University Law Center’s Center on National Security and the Law, the Journal of… Continue reading Symposium on Military Justice | October 2021
Unequal Justice: Why Congress Should Expand the Supreme Court’s Jurisdiction to Review the Courts-Martial System
In 2018, the Supreme Court held that it has appellate jurisdiction to review decisions of the Court of Appeals for the Armed Forces (CAAF) under 28 U.S.C. §1259. However, CAAF is the final court atop the “courts-martial system” and §1259 limits Supreme Court review of courts-martial cases to those where CAAF has already reviewed or… Continue reading Unequal Justice: Why Congress Should Expand the Supreme Court’s Jurisdiction to Review the Courts-Martial System