Course Description
This course will explore the nature and function of military justice today. Topics will include the constitutional rights of military personnel and the extent to which the obligations of military service alter the protection of fundamental rights, such as freedom of speech and political participation; court-martial jurisdiction and offenses, including unique military crimes and defenses; trial and appellate structure; introduction to military juries and judges; rules of evidence and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; command influence; the role of custom; and punishment. Current issues such as those involving, command accountability, military justice on the battlefield, judicial independence, sexual orientation, adultery, fraternization, and the application of international human rights norms to military justice will be addressed. The use of military commissions and special military tribunals to address terrorism will also be explored. Throughout the course we will consider issues of professional responsibility, how the military justice system can be improved, and what, if anything, can be learned from the experience of other countries.