A Retrospective Inquiry into the Operation of Service Custom under the American Military General Articles.
GEORGE WASHINGTON UNIV WASHINGTON DC
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At the heart of American military law are the general articles of the Uniform Code of Military Justice. After tracing the historical development of the three classes of general articles offenses, the thesis will consider the operation of custom in general articles law since the enactment of the Uniform Code of Military Justice. Case law and precedent have had some limiting effect on the scope of the general articles but, since 1957, the expansive effect of service custom has been rejeuvenated somewhat by the return to the historic practice of treating the applicability of a general article to the accuseds specific misconduct as a factual issue to be decided at trial.
- Sociology and Law
- Humanities and History