Military Justice

Course Description

This course examines the military justice system, essentially military procedural and substantive criminal law. Student swill learn about the evolution of military justice, as well as the statutes, policies, principles, standards, and rules governing the military justice process and jurisdiction from investigation through trial (including sentencing such as death penalty) and the appellate process. We will begin with an overview of the military justice system, emphasizing the role of commanders and military attorneys and alternatives to trial by court-martial. Then we will address military criminal procedure and the procedural rules governing the pre-trial, trial, and post-trial phases of a court-martial proceeding. Next, we will review substantive criminal law, focusing on crimes and defenses specific to the military. We will examine peculiarly military offenses (e.g., absence offenses, and superior-subordinate offenses) and accompanying military defenses (e.g., obedience to orders). We will also consider the relationship of military courts to civilian courts.

Current and Previous Instructors

Key to Codes in Course Descriptions

P: Prerequisite
C: Prerequisite or Concurrent Requirement
R: Recommended Prior or Concurrent Course