[20211102]IN11787_军事刑事司法系统.pdf

CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i Military Criminal Justice System November 2, 2021 Background Military law comprises federal law, constitutional authority, and inherent command authority. It is meant to promote justice, efficiency, and discipline in the armed services. Jurisdiction under military law is based on the U.S. Constitution and relevant aspects of international law. Military law jurisdiction is exercised through four distinct forums: (1) courts-martial, (2) courts of inquiry, (3) military commissions, and (4) non-judicial punishment proceedings (10 U.S.C. 815, 816, 935). Throughout the 1940s, Congress received evidence of military justice maladministration. The primary concerns were the systems lack of due process and independence. Congress responded to these concerns by enacting the Uniform Code of Military Justice (UCMJ) in 1950, which applies to each armed service and replaced the prior military justice system. The punitive articles in the UCMJ are military law offenses (10 U.S.C. 877-934). Many of the punitive articles are criminal conduct offenses that have a referent offense in modern penal codes or historical common law