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process for a limited number of cases. Following the war, in the Act of June 4, 1920, Congress required the Army to establish Boards of Review, consisting of three lawyers, to consider cases involving death, dismissal of an officer, an unsuspended dishonorable discharge, or confinement in a penitentiary, with limited exceptions. The legislation further required legal review of other cases in the Office of the Judge
Advocate General.
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or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved." Finally, the UCMJ made the decisions of the Army Boards of
Military Review binding on The Judge Advocate General and, by implication, binding on the Secretary of the Army and the President as well.
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The Courts of
Criminal Appeals review cases for legal error, factual sufficiency, and sentence appropriateness. All other cases are subject to review by judge advocates under regulations issued by each service. After such review, the Judge Advocate General may refer a case to the appropriate Court of
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Such action includes setting aside or modifying the findings and/or the sentence, ordering a rehearing, and dismissing charges and specifications. Unless reversed by a higher court, such action is binding on all parties, including all officials of the United States. The court's published opinions are
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Later under the UCMJ, the Boards were empowered to "weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses." It also charged each board with affirm only such findings of guilty and the sentence
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If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of
Criminal Appeals, the
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Presently, the Army Court of
Criminal Appeals is composed of three judicial panels, each with three appellate judges (one of which is the senior judge), a commissioner, and paralegal. The Chief Judge, while not assigned full-time to a single panel, sits on cases with judges from all three panels and
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Until 1920, court-martial convictions were reviewed either by a commander in the field or by the
President, depending on the severity of the sentence or the rank of the accused. The absence of formal review received critical attention during World War I, and the Army created an internal legal review
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is used to bring an issue before the court that previously decided the same issue. It allows the court to review error of fact or a retroactive change in the law that which affects the validity of the prior proceeding. The writ of habeas corpus is used to challenge either the legal basis for or the
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Presently, the U.S. Army Court of
Criminal Appeals is composed of three judicial panels. Each panel includes three appellate judges (with one judge appointed as the senior judge of that panel) and a commissioner. The Chief Judge, while not assigned full-time to a single panel, sits on cases with
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In 1994, the U.S. Army Court of
Military Review was renamed the U.S. Army Court of Criminal Appeals. This coincided with the renaming of the U.S. Court of Military Appeals to the U.S. Court of Appeals for the Armed Forces (CAAF). More recently, The Judge Advocate General, by regulation, granted
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empowers the court to issue extraordinary writs, such as habeas corpus, mandamus, and prohibition, in aid of its jurisdiction. The
Military Justice Act of 1983 gave the court additional power to entertain interlocutory appeals by the Government from certain adverse trial rulings by the military
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The court has the statutory authority to determine whether the findings of guilty and the sentence are correct in law and fact for all courts-martial reviewed under
Article 66, UCMJ (about 96% of the court's work), and to take corrective action if prejudicial error has occurred.
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is an order from a court of competent jurisdiction that requires the performance of a specified act by an inferior court or authority. The writ of prohibition is used to prevent the commission of a specified act or issuance of a particular order. The writ of error
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Criminal Appeals. The Courts of Criminal Appeals also have jurisdiction under Article 62 of the UCMJ to consider appeals by the United States of certain judicial rulings during trial. Review under Article 62 is limited to issues involving alleged legal errors.
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The Military Justice Act of 1968 redesignated the Boards of Review as Courts of Military Review and provided each service court with a chief judge, appointed by The Judge Advocate General, and enabled the court to either sit
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judges from all three panels and is also assigned a chief commissioner. Brigadier General George R. Smawley is the Chief Judge (Active Duty). Brigadier General Ronald D. Sullivan is the Chief Judge (Army Reserve/IMA).
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judge. Congress also expanded the authority of The Judge Advocate General under UCMJ Article 69(a) to refer to the court records of trial other than those automatically reviewed by that Court under Article 66.
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or in panels, empowering the chief judge to designate the senior, or presiding, judge for each panel. The
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283:(Columbia law Review Ass'n et al. eds, 18th ed. 2005). The official reporters are West's
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tenure to the appellate judges serving on the Army court, as well as the trial judges.
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After review by any of these intermediate courts, the next level of appeal is the
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citation form for this Court is provided in Table T.1 (A. Ct. Crim. App.),
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that reviews certain court martial convictions of Army personnel.
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binding precedent for the conduct of courts-martial in the Army.
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The military justice system commonly uses four writs:
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United States Army Court of Criminal Appeals (ACCA)
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United States Court of Appeals for the Armed Forces
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33:United States Army Court of Criminal Appeals
657:Navy-Marine Corps Court of Criminal Appeals
176:Navy-Marine Corps Court of Criminal Appeals
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488:
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281:The Bluebook: A Uniform System of Citation
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557:Judge Advocate General's Corps, Air Force
406:United States Military Judicial Authority
730:Courts and tribunals established in 1968
725:1968 establishments in the United States
598:Military tribunals in the United States
442:Uniform Code of Military Justice (UCMJ)
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151:Uniform Code of Military Justice (UCMJ)
680:Court of Appeals for the Armed Forces
652:Coast Guard Court of Criminal Appeals
437:United States Constitution, Article I
184:Coast Guard Court of Criminal Appeals
73:Court of Appeals for the Armed Forces
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536:Judge Advocate General's Corps, Navy
520:Marine Corps Judge Advocate Division
499:Judge Advocate General's Corps, Army
484:Judge Advocate General's Corps (JAG)
662:Court of Military Commission Review
647:Air Force Court of Criminal Appeals
180:Air Force Court of Criminal Appeals
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450:
295:Current composition of the court
101:Uniform Code of Military Justice
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710:United States Army organization
626:Guantanamo military commissions
642:Army Court of Criminal Appeals
131:Army Court of Criminal Appeals
18:Army Court of Criminal Appeals
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720:United States military courts
27:United States Article I court
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573:Coast Guard Legal Division
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285:Military Justice Reporter
163:Manual for Courts-Martial
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421:Law of the United States
149:are conducted under the
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586:Non-judicial punishment
287:(M.J.) (1975–date) and
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355:Black's Law Dictionary
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331:Black's Law Dictionary
321:at 866 (5th ed. 1979).
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291:(C.M.R.) (1951–1975).
145:In the United States,
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474:Convening authority
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56:Fort Belvoir
566:Coast Guard
258:coram nobis
241:prohibition
79:Established
704:Categories
304:References
182:, and the
38:(A.C.C.A.)
550:Air Force
460:Standards
430:Authority
227:Operation
87:Authority
540:Navy JAG
503:Army JAG
333:at 1091.
277:Bluebook
237:mandamus
193:(CAAF).
111:.jagcnet
52:Location
357:at 638.
345:at 487.
212:en banc
197:History
125:In the
673:review
635:Appeal
247:, and
178:, the
158:U.S.C.
129:, the
614:Trial
251:. A
117:/ACCA
113:.army
529:Navy
492:Army
115:.mil
82:1968
109:www
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