HR 95 · 94th Congress · Armed Forces and National Security
Military Justice Act
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to House Committee on Armed Services.(1975-01-14)
Plain Language Summary
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Military Justice Act - Establishes an independent courts-martial command composed of four divisions: defense, prosecution, judicial, and administration. Grants specified powers to the military judges. 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 appropriate (relief currently available only if the accused serviceman has civilian counsel). Reclassifies the types of court-martial to upper courts-martial and lower courts-martial, and sets forth the composition and jurisdiction of each. Eliminates summary courts-martial. Establishes a system of random select…
Summarized by Claude AI · Non-partisan · For informational purposes only