NCJ Number
159757
Date Published
1983
Length
289 pages
Annotation
Testimony from Defense Department officials pertains to S. 2521, the Military Justice Act of 1982, and to the Defense Department's proposal for changes in the Uniform Code of Military Justice, known as the Military Justice Amendments of 1982.
Abstract
As explained in the opening statement by the chairman of the Subcommittee on Manpower and Personnel, S. 2521 and the Department of Defense proposal do not alter the basic structure of the military justice system. They would make a number of changes in trial and appellate procedures and also recognize the seriousness of drug abuse in the military by establishing a statutory scheme for the prosecution and punishment of drug offenses committed in the Armed Forces. Currently, there is no specific statutory article that pertains to drug abuse in the military. The statement by the General Counsel of the Department of Defense reviews the changes proposed under the amendments being considered. They concern pretrial procedure, government appeal, posttrial action by the convening authority, appellate review, Supreme Court review, the confinement powers of special courts-martial, and sentencing by the military judge in all noncapital cases. The Judge Advocate General of the Air Force supports provisions that would provide for appeals by the government from adverse decisions of trial judges and an improvement in the responsiveness of the special court-martial by increasing its punishment authority to include confinement for 1 year. The Air Force does not favor amendments that would result in the enlargement of the sentencing power of military judges, suspensions of sentences by military judges, and increased peremptory challenges.