Spying in Violation of Article 106, UCMJ: The Offense and the Constitutionality of It's Mandatory Death Penalty
Abstract
This thesis examines the offense of spying in violation of Article 106, UCMJ, and the constitutionality of its mandatory death sentence. The history of Article 106, UCMJ, is reviewed, and the constitutionality of its mandatory death sentence is assessed in light of capital punishment precedents from the U.S. Supreme Court and the U.S. Court of military Appeals and in light of current international law. The thesis concludes that the mandatory death sentence for spying is clearly unconstitutional and proposes a remedial amendment to the Uniform Code of Military Justice.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1989
- Accession Number
- ADA451535
Entities
People
- D A Anderson
Organizations
- The Judge Advocate General's Legal Center and School