Tuesday, August 22, 2017

Retirees, the UCMJ, and human rights

The Uniform Code of Military Justice does not meet prevailing human rights standards in a variety of respects. One of them is the provision in Article 2 that permits the court-martial of retired regulars. The Army is conducting a preliminary hearing involving a long-retired major general who is accused of offenses going back to the 1980s. Details here.

Query: will defense counsel attack personal jurisdiction?
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1 comment:

  1. Susan FinderAugust 23, 2017 at 3:12 AM

    An issue where the US & China have a common legal position, if the offense is a "duty crime," --
    Any act committed by a serviceman in transgression of his duties, an act that endangers the military interests of the State and should therefore be subjected to criminal punishment in accordance with law, constitutes a crime of a serviceman's transgression of duties.

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