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...Independence. The roots of military law stretch back to ancient Rome, where it was adopted to enforce discipline within the ranks, especially among mercenaries. In 1775, the Continental Congress met at the outbreak of the Revolutionary War and adopted the Articles of War based on Britain's military code. The system was not heavily used in World War I, but in World War II some 2 million people were court-martialed for varying offenses, resulting in 80,000 felony convictions. Among the best known was that of Private Eddie Slovik, a Michigan native who abandoned his unit while in France...
Military law has traditionally been stricter and more sweeping than civilian law - the Bill of Rights did not automatically apply to soldiers - but since World War II, military trials have come to more closely resemble civilian trials. Different branches of the armed forces used varying military codes until 1950, when Congress enacted the Uniform Code of Military Justice, now the basis of the military-justice system. Under the code, defendants share many of the same rights as civilians, including the right against self-incrimination and guaranteed access to counsel. But important differences still remain: jury members are chosen...
...University of Maryland affirmed its students’ rights to view pornography last week. A policy included in the Maryland General Assembly’s budget bill last spring required state universities to develop an obscenity code to prevent the viewing of pornography on their campuses by December 1. If schools do not comply, they risk losing state funding. State Senator Andrew Harris introduced the budget amendment after University of Maryland students planned a screening of the hardcore pornographic film, “Pirates II: Stagnetti’s Revenge,” last April. By implementing this measure...
...policy requiring an obscenity code represents a violation of free-speech protections and would likely incur an expensive lawsuit. The Jefferson Center concluded that, had the University of Maryland adopted the policy, it would have been alone among the nation’s colleges in banning public viewing of porn on campus. The move, moreover, would likely have drawn a costly and drawn-out court case. Civil-liberty disputes are often watched carefully by individuals and groups who are not directly affected by the policy in question. This makes it likely that, even had a low-level court found...
From the moment Major Nidal Malik Hasan was recognized as the alleged assailant in the killings of 13 soldiers at Fort Hood, Texas, a complex, keenly balanced legal process kicked in: the Uniform Code of Military Justice (UCMJ). The code demands both speed and balance, experts say, and sets up the process for a court-martial that would have the 39-year-old Army psychiatrist judged by a jury of his fellow officers not for what motivated him but simply for what...