Date of Award
Master of Science (MS)
This study was undertaken to examine the operation of the United States Court of Military Appeals, and the effects of that Court's decisions upon military justice in the armed services. Of particular interest was the Court's concern for safeguarding the constitutional rights of military personnel.
Extensive study of cases revealed an improving trend in the administration of military justice at the trial and investigative level and an increasing concern at all command levels for fairness and impartiality in military judicial proceedings. Study of congressional hearings on constitutional rights of military personnel confirmed that there has been remarkable progress from the ancient condition of military servitude to the modern position of recognition of the serviceman as an individual citizen.
From the results of this study, it is apparent that the Uniform Code of Military Justice provides protections for an accused serviceman, that are equal to and in many regards superior to civilian systems of justice. Furthermore, the United States Court of Military Appeals, through its painstaking dedication to protect those accused of crime, has had a profound effect on the quality of military justice.
McGuigan, Thomas H., "The United States Court of Military Appeals and Constitutional Rights in Military Justice" (1967). Theses and Dissertations. 4039.