military law
military law, system of rules established for the government of persons in the armed forces. In most countries the legislature establishes the code of military law. It is distinguished from both martial law (rule by domestic military forces over an area) and military government (rule by the military over occupied foreign territory). The scope of military law differs somewhat in peace and in war. In time of peace it is generally limited to military offenses—e.g., absence without leave, desertion, breach of orders; during war it usually extends to crimes of a civil nature as well, and the penalties may be more severe.
It was widely felt after World War II that many abuses had occurred in the administration of American military justice and that excessively severe sentences had been imposed, especially on the enlisted ranks. The armed forces responded by establishing civilian review boards, which recommended reduction of the punishment inflicted on a large percentage of those convicted (some 100,000) by general court-martial during the war. In 1951, Congress extensively revised the codes of military law enacting a uniform code of military justice for all branches of the armed services. This code placed operations more in the hands of professional lawyers and ensured fairer review procedures.
An important change permitted an enlisted person tried by a general court-martial to demand that one third of the court be composed of enlisted personnel. The uniform code defines the offenses for which a person under the jurisdiction of the armed forces may be subjected to court-martial. In addition to allowing punishments by the commanding officer, including confinement not to exceed one week, the code establishes three levels of court-martial. The summary court-martial consists of a single officer, and may impose a maximum penalty of imprisonment for one month. The special court-martial consists of at least three officers and may impose a prison sentence of up to six months. The general court-martial is composed of five members and one law officer who must be a trained lawyer admitted to practice before a state's highest court. The general court-martial may impose any authorized sentence including dishonorable discharge or death.
One of the principal differences between the procedure in court-martial and in criminal cases in civil courts is the absence of a jury. Cases are decided by a vote of two thirds or three fourths of the court, depending on the severity of the offense. For the death penalty, the vote must be unanimous. The accused is permitted to have counsel, to compel the attendance of witnesses, and to enjoy the usual protections of the law of evidence.
THE RESULT OF THE AMENDMENT The Uniform Code of Military Justice
Regular systems of military law existed in ancient Rome, with severe penalties for such offenses as desertion. In the Middle Ages procedures were less regularized, but written codes began to appear. The origin of much military law is found in the codes and statutes enacted in England in the 17th cent. These were substantially adopted in the United States.It was widely felt after World War II that many abuses had occurred in the administration of American military justice and that excessively severe sentences had been imposed, especially on the enlisted ranks. The armed forces responded by establishing civilian review boards, which recommended reduction of the punishment inflicted on a large percentage of those convicted (some 100,000) by general court-martial during the war. In 1951, Congress extensively revised the codes of military law enacting a uniform code of military justice for all branches of the armed services. This code placed operations more in the hands of professional lawyers and ensured fairer review procedures.
An important change permitted an enlisted person tried by a general court-martial to demand that one third of the court be composed of enlisted personnel. The uniform code defines the offenses for which a person under the jurisdiction of the armed forces may be subjected to court-martial. In addition to allowing punishments by the commanding officer, including confinement not to exceed one week, the code establishes three levels of court-martial. The summary court-martial consists of a single officer, and may impose a maximum penalty of imprisonment for one month. The special court-martial consists of at least three officers and may impose a prison sentence of up to six months. The general court-martial is composed of five members and one law officer who must be a trained lawyer admitted to practice before a state's highest court. The general court-martial may impose any authorized sentence including dishonorable discharge or death.
One of the principal differences between the procedure in court-martial and in criminal cases in civil courts is the absence of a jury. Cases are decided by a vote of two thirds or three fourths of the court, depending on the severity of the offense. For the death penalty, the vote must be unanimous. The accused is permitted to have counsel, to compel the attendance of witnesses, and to enjoy the usual protections of the law of evidence.
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As a result of the amendment to be enacted on Aug. 15, the case of Army Corporal Hung Chung-chiu (洪仲丘) will be transferred to the district court. As for the other court-martial cases, cases at the trial stage will transferred to local courts, and cases in the investigatory stage will be taken over by the Prosecutors Office, and the court-martial inmates will be transferred to judicial prisons, the vice director of the Court Martial Division in the Ministry of National Defense Chen Shi-wei said. The overhaul has been attained through cooperation among the Ministry of National Defense, the Ministry of Justice and the Agency of Corrections of the Ministry of Justice. Appeals Board As a response to Hung's death and the ensuing public demands, the Cabinet set up the Miscarriage of Justice in Military Appeals Board. The board members, who have since been ratified by Premier Jiang Yi Hua, will investigate suspected cases of tainted justice within the military, some of which date back up to 20 years. The 15-member Appeals Board consists of four members from social justice and human rights groups, three lawyers recommended by the Taiwan Bar Associations, four scholars and four government representatives. The board will inquire into the cases of soldiers that died or went messing while in military service and whose families are not willing to accept the results of previous military inquiries.
Army commander's resignation rejected
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The Taiwan Paliament has become to intersect the the executive process of Hung's case without waiting the result of the investigation according to the existence regulation of Military Laws . The taiwan Paliament had forgotten the basic difference between the Civil Law and the Criminal Law , and The Military Laws which are different from other Laws .
Hello! Mr, President of the ROC , Would you think about Hung's Case Movement or Activity which is over-active to threaten the Army Spirit or Morale ?
Mr. President , you should find out the Military Justice , as a commander in chief of the ROC government whithin the scope of Military Laws . What is the Citizen 1985 group ?
Is it a legal organisation or an undergroung organisation or a Sub-branch of Taiwan Independence ,youth organisation ? According to their activity counduct and scenario ,they are looking forward to become a political party . which is a good event for the history of Taiwan . God bless with them !
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