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Therefore, the UCMJ specifically prohibits unlawful command influence, because of the concern that it may cause a miscarriage of justice.
This section first focuses on proposed changes to the UCMJ which
Phillips marked the first occasion in which the CAAF exclusively applied Article 2(c) of the UCMJ to the reserve components thereby recognizing a third way to attach UCMJ jurisdiction to reserve service members.
Under Article 66 of the UCMJ, the military's courts of
Newer cases have avoided the charge, although one case appears to charge equivalent conduct as "aiding the enemy" under UCMJ article 904.
discuss the history of MEJA and the amended UCMJ and then focus
28) Concerns about sentence disparity, harsh treatment, and unlawful command influence produced a strong reform movement that led to the creation of the UCMJ.
In 2006, Congress amended the UCMJ to extend jurisdiction "[i]n time of a declared war or a contingency operation, [to] persons serving with or accompanying an armed force in the field.
Article 21 of the UCMJ provides ample legislative authority for the executive to conduct military commissions.
The UCMJ is inherently extraterritorial, as it applies to service members worldwide.
10) Writing for the court, Judge Randolph, joined by then-Judge Roberts, held that Congress had authorized the commissions through the Authorization for Use of Military Force (AUMF) and through UCMJ Articles 21 and 36.
Fidell also questioned whether the original interpretation of the applicability of the UCMJ to non-military personnel, which was decided in a Vietnam-era legal case, would even be interpreted in the same manner today.
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