The Death Penalty and the United States Armed Forces

Authored by: Catherine M. Grosso

Routledge Handbook on Capital Punishment

Print publication date:  December  2017
Online publication date:  December  2017

Print ISBN: 9781138651579
eBook ISBN: 9781315624723
Adobe ISBN:

10.4324/9781315624723-29

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Abstract

Before focusing on the death penalty in the military, it is useful to remember how the military prosecutes crimes. This military justice system is similar to but not the same as the state or federal criminal justice systems. Congress created the military justice system under authority provided in Article I of the Constitution. As such, military courts are Article I rather than Article III courts. The Uniform Code of Military Justice (UCMJ) defines the crimes and procedures for the military. The Manual for Courts Martial (MCM) provides the rules for courts martial.

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