HR 291 · 93th Congress · Armed Forces and National Security

Military Justice Act

Introduced 1973-01-03· Sponsored by Rep. Bennett, Charles E. [D-FL-3]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Referred to House Committee on Armed Services.(1973-01-03)

Plain Language Summary

[AI summary unavailable — showing source text] Military Justice Act - Establishes an independent courts-martial command composed of four divisions: defense, prosecution, judicial, and administration. Grants a number of powers to military judges: (1) the power to "issue all writs necessary or appropriate in aid of . . ." their jurisdiction as provided in the "All Writs" Act now applicable to all Federal judges; (2) the same contempt power as is now possessed by the Federal judiciary; and (3) the power to authorize searches and issue arrest warrants. Extends to servicemen certain basic rights, such as: (1) the right to appointment of an independent defense counsel upon request immediately following arrest; (2) the right to a formal hearing before an independent military judge within 24 hours of arrest, to determine whether there is probable cause to hold him for trial; (3) the right to obtain subpoenas from an independent military judge (prosecutor now holds sole power to issue subpoenas); (4) the right to protection against trial by court-martial after trial in a State court for the same act, and vice-versa; and (5) the right of military defense attorneys to seek collateral relief for their clients in civilian courts when approp…

Summarized by Claude AI · Non-partisan · For informational purposes only