NCJ Number
63844
Date Published
1979
Length
58 pages
Annotation
THIS 1977-78 ANNUAL REPORT COVERS THE ACTIVITIES OF THE U.S. COURT OF MILITARY APPEALS AND JUDGES ADVOCATE GENERAL OF THE U.S. ARMED FORCES.
Abstract
THE REPORT WAS SUBMITTED TO CONGRESS AND THE SECRETARIES OF DEFENSE AND TRANSPORTATION (THE LATTER HAVING JURISDICTION OVER THE COAST GUARD). IN 1977-78, THE UNIFORM CODE OF MILITARY JUSTICE COMMITTEE EXAMINED PAST LEGISLATIVE RECOMMENDATIONS AND INITIATED A RULES OF EVIDENCE PROJECT. DURING 1978, THE U.S. COURT OF MILITARY APPEALS (CMA) REVIEWED 430 CASES OUT OF 1,814 PETITIONED. STATISTICS COMPARING CASEFLOWS OF U.S. COURTS OF APPEALS AND THE CMA ARE PRESENTED AND ANALYZED. TO PRACTICE BEFORE THE CMA OR COURTS OF MILITARY REVIEW, ATTORNEYS MUST BE MEMBERS OF THE CMA BAR. THIS YEAR, THE CMA RECOMMENDS THAT THE CONGRESS INCREASE THE NUMBER OF CMA JUDGESHIPS FROM THREE TO FIVE. SIGNIFICANT DECISIONS AFFECTING THE ADMINISTRATION OF JUSTICE WITHIN ARMED FORCES COVER DELEGATION OF AUTHORITY IN COURTS-MARTIAL, COURTS-MARTIAL PRACTICE AND PROCEDURE, AND THE RIGHT TO COUNSEL AND CONFRONTATION OF WITNESSES IN MILITARY TRIALS. THE JUDGES ADVOCATE GENERAL OF THE ARMY, NAVY, AND AIR FORCE CONTINUE TO MONITOR COURT-MARTIAL PROCEDURE AND REVIEW AND PREPARE MILITARY JUSTICE REGULATIONS. COURTS-MARTIAL CONTINUED TO DECLINE IN 1977-78 IN ALL THREE SERVICES DUE TO WIDER USE OF ADMINISTRATION PROCEDURES TO DISPOSE OF CASES. SIGNIFICANT CASES, POLICY, LITIGATION, AND LEGAL EDUCATION ARE ALSO DISCUSSED, AND A REPORT OF THE GENERAL COUNSEL OF THE COAST GUARD IS INCLUDED. STATISTICS AND TABLES ARE INCLUDED. (PAP)