Military Justice Act

Military Justice Act - Vests in an independent Court-Martial Command the powers to convene courts-martial; to detail military judges and defense and prosecuting attorneys; and to choose the members of the court (the jury). Provides that this independent Courts-Martial Command would take over the functions now performed by the commander. Places the Courts-Martial Command under the administrative supervision of the Judge Advocate General and divides it into regional commands. Creates four divisions: Prosecution, Defense, Judicial, and Administration. Provides that the Prosecution Division would receive complaints from any interested person, investigate them, and prefer charges only if it is felt that there was sufficient evidence to convict the accused of the charges brought against him. Provides that the accused be brought before a military judge who would have to determine whether there was probable cause to hold the accused for trial. Provides that after the preliminary hearing and the determination by the judge that the charges should not be dropped, the Prosecution Division would refer the case to a special or general court-martial, as appropriate. Gives the Prosecution Division responsibility for detailing trial counsel (the prosecutor) to courts-martial trials. Makes the Judicial and Defense divisions responsible for detailing military judges and defense attorneys to court-martial trials. Provides that members of the Judicial and Defense Divisions would be responsible only to the chiefs of their respective divisions, and to the Judge Advocate General. Provides that the performance of members of the division be rated by members of that division alone. Makes the Administration Division responsible for picking at random the members of the court for general administrative duties and for detailing or employing court reporters and interpreters. Provides that any person, including the commander, would be entitled to refer charges to the Prosecution Division for possible trial. Retains the commander's nonjudicial punishment powers. Abolishes the summary courts-martial. Grants to military judges at the trial level the power to issue all writs necessary or appropriate in aid of their jurisdiction, as now provided in the All Writs Act. Gives military judges the power to punish for contempt. Limits such punishment to confinement for not more than 30 days or a fine not to exceed $100 or both. Grants powers over sentencing to the professional judges. Transfers the sentencing power, including the power to issue suspended sentences (but not including sentences of death) to the military judge. Allows the judge to impose a death sentence if the crime was one for which the code specifically allows that penalty, and if the court-martial's jurors unanimously recommend that penalty. Provides that the final decision would be up to the judge and the recommendation would not be binding upon him. Revises the Uniform Code of Military Justice to provide for the appointment of a member of the Defense Division of the independent trial command upon request immediately following arrest at a formal hearing. Transfers the subpena power from the trial counsel to the military trial judges. Abolishes the requirement that expected testimony be revealed in advance. Requires both prosecution and defense counsel to show that the subpena was necessary to an adequate presentation of their case. Outlines in detail the information each party can obtain from the other in discovery. Prohibits trial by court-martial after trial in a State court for the same act, and vice versa. Vests the power to issue search and arrest warrants in the military judges, and takes it away from the commanding officer. Provides for an initial investigation by the Prosecution Division of any charges. Directs that if that division determined that there was enough evidence, it would bring the accused before a military judge who would then determine whether there was probable cause to hold the accused for trial and set bail or its military equivalent. Grants the judge the power to summarily dismiss legally or factually insufficient charges. Provides that the accused would have to be brought before the judge within 24 hours after arrest. Empowers military defense attorneys, at Government expense, to seek collateral relief for their clients in civilian courts when appropriate. Makes the availability of this form of relief independent of the ability of the accused serviceman to employ civilian counsel. Establishes a system of random selection for members of general and special courts-martial. Requires all members of the court to have served on active duty for a year or more. Increases the number of peremptory challenges to three per side and per accused in a joint trial in a special court-martial empowered to adjudge a bad conduct discharge, and six per side in a general court-martial and ten per side in a capital case. Provides that the number of peremptory challenges in a special court-martial not empowered to adjudge a bad conduct discharge will remain at one per side. Transfers the powers to decide whether an accused serviceman should be subjected to pretrial confinement pending appeal from commanding officers to the independent military judges. Establishes a presumption in favor of release which could be overriden by the judges. Provides that the judge's rulings would be appealable as interlocutory matters to the U.S. Court of Military Review. Directs that if the military judge decided to confine the accused prior to trial or pending appeal, the accused would be entitled to full credit toward any sentence eventually imposed. Provides that all those confined (including those awaiting trial or appeal) are to be permitted to participate in work, exercise, and rehabilitation programs wherever adequate facilities are available. Revises the appellate procedure by: (1) eliminating review by the convening authority; (2) allowing the Judge Advocate General of each service to review the findings and the sentence of a court-martial not reviewed by the Court of Military Review; (3) empowering the Supreme Court of the United States to issue writs of certiorari to the Court of Military Appeals; and (4) increasing the number of judges who sit on this court to nine and empowering the court to sit in panels of three judges each. Establishes a special committee to be composed of the judges of the United States Court of Military Appeals, the Judge Advocates General of the Armed Forces, the General Counsel of the Department of Transportation, and three civilian members to be appointed by the President. Directs the committee to conduct a thorough study with respect to: (1) the table of maximum punishments prescribed by the President for offenses punishable under chapter 47 of title 10, United States Code, with a view to (A) recommending improvements therein, (B) identifying and recommending corrective actions for apparent inequities in such table, and (C) recommending the establishment of subcategories of offenses, where appropriate, based upon differences in degree of seriousness of the offenses; (2) the advisability of legislation which would limit the authority of the President to alter or suspend the table of maximum punishments as to particular geographical areas and to suspend the table with respect to particular offenses; (3) the desirability of transferring to the district courts of the United States jurisdiction of certain cases involving desertion and other unauthorized absences from the armed forces; (4) further means of improving and eliminating undue delays in the appellate process of military justice; and (5) appropriate action in the case of any prisoner who has completed serving his sentence prior to the completion of appellate review of his case. Requires the committee to submit a written report of the results of its study to the President and to the Congress, together with such recommendations as it deems appropriate, not later than one year after the date of enactment of this Act. Makes the provisions of this Act effective on the first day of the twelfth calendar month following the month in which this Act is enacted.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on January 3, 1973. It describes the bill, it is not the legal text.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.