Never have so many been punished so much by so few: Examining the constitutionality of the new special court-martial

From: The Army Lawyer | Date: June 1, 2003| Author: Fulton, Marcus N | Copyright information

Introduction

Since its creation by Congress in 1916, the special court-martial (SPCM) has been a judicial forum favored by commanders for disposing of relatively minor offenses.1 In fiscal year 2002, the Army, Navy, Marine Corps, Air Force, and Coast Guard convened 5052 courts-martial, 3197 of them SPCMs.2 In the military justice system, a system that does not distinguish felony offenses from misdemeanors, the SPCM has filled a role roughly analogous to a misdemeanor-level criminal cou...

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