Abstract: The United States of Military Appeals is a complex institu tion, and the task of describing it is at once both demanding and sensi tive. The task is demanding because since its founding significant mis conceptions have developed concerning the court, its functions, and its status within the federal system. The task is sensitive because the United States of Military Appeals is essential to the accomplishment of justice in the armed forces. Any responsible discussion of the court must be highly critical because the has failed, in numerous areas, to accomplish its primary task set by Congress. In spite of these failings, the court has made an enormously beneficial contribution to the overall administration of military justice in the armed forces, and in doing so has become indispensible to the American system of military justice. The United States of Military Appeals is not the Court of the military even though it is the court of last resort for any direct appeal within the military justice system.· The decisions of this specialized court of limited jurisdiction may be set aside by the United States Supreme on collateral attack. 2 Because the court's jurisdic tion is limited, most of the military criminal cases tried in the armed forces never reach the court. 3 Nonetheless, since it is the highest court in the military justice system, it deserves respect and should be examined with care. Although it could be said that the court has strained at gnats and
Publication Year: 1971
Publication Date: 1971-01-01
Language: en
Type: article
Access and Citation
Cited By Count: 1
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