A Retrospective Inquiry into the Operation of Service Custom under the American Military General Articles.

Abstract

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 accused's specific misconduct as a factual issue to be decided at trial.

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Document Details

Document Type
Technical Report
Publication Date
May 23, 1982
Accession Number
ADA133845

Entities

People

  • Norman King Clark

Organizations

  • George Washington University

Tags

Communities of Interest

  • Biomedical
  • Ground and Sea Platforms
  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • Civil War
  • Congress
  • Court Martial
  • Criminals
  • Enlisted Personnel
  • Governments
  • Health Services
  • Law
  • Medical Personnel
  • Military Law
  • Navy
  • Personnel Management
  • Recreation
  • Societies
  • United States
  • Warfare

Fields of Study

  • Law

Readers

  • Defense Financial Management and Audit.
  • Library and Information Science
  • Political Violence and Terrorism Studies.