Military Justice During the War a Letter From the Judge Advocate General of Th
Military Justice During the War a Letter From the Judge Advocate General of Th
United States Army Office of the Judge Advocate
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7 men to a ratio of 1 to each 1 1. 4 men, or a decrease for 1918 to less than one-quarter of that of 1917. There could be no more conclusive demonstration that command- ing officers, though faced with a situation full of inducement to rigor in enforcing discipline among raw and untrained men, did in fact use remarkable consideration and self-restraint in not resorting to the instrumentalities of courts-martial. The facts show, therefore, pre- cisely the opposite of the conditions asserted on th...e floor of Congress. 5. THAT THE COURT-MARTIAL is COMPOSED OF AND THE DE- FK. VSE is CONDUCTED BY MEN NOT ACQUAINTED WITH MILITARY LAW. It would perhaps be sufficient in refuting this criticism to point out that the court-martial, though it nominally combines in itself the functions of judge and jury, and though this combination is under military conditions absolutely unavoidable, has nevertheless, as its essential and predominating function, that of a jury of fact. The court-martial listens to the testimony and makes findings of fact based upon the evidence.
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