Pitt: The Case for Standing Courts-Martial

12/21/2021

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Comment: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past." -- Holmes, The Path of the Law

4 Comments

Nathan Freeburg

12/21/2021 11:37:43 am

Of course the Army essentially has standing courts-martial but yes the whole thing is weird.

Scott

12/22/2021 09:17:59 am

It is a bit weird. What do you mean are the Army?

Nathan Freeburg

12/22/2021 10:28:15 am

Most Army bases have a standing panel for a year at a time.

Philip D. Cave link

12/23/2021 03:25:53 pm

I think the thrust of the article is that the Congress should create a "standing" military judiciary similar to the federal courts.

This might give the MJ a broader role in a case.

To start with a Military Magistrate Judge could be charged with issuing search authorizations, conducting pretrial confinement hearings, conducting a hearing in MPO appeals, and address other matters pre-referral.

Of course there are some other changes that should be made also, primarily the issue of selection and appointment of members by a court administrator (randomly).

Your comment will be posted after it is approved.

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Pitt: The Case for Standing Courts-Martial

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