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6 Vand. L. Rev. 228 (1952-1953)
The Court of Military Appeals--Its History, Organization and Operation

handle is hein.journals/vanlr6 and id is 242 raw text is: THE COURT OF MILITARY APPEALS- ITS HISTORY, ORGANIZATION AND OPERATION DANIEL WALKER* AND C. GEORGE NIEBANKt When a civilian supreme court for the review of court-martial convictions was first proposed in Congress, it evoked immediate, vociferous and emotional reactions from those most directly concerned with military criminal law. Vigorous opposition came from the tradi- tional militarist, who argued that there was no place for civilians in a military procedure, and that creation of such a court would place un- necessary emphasis on civilian influence. It was said that military ef- fectiveness would be unduly restricted and that the nonmilitary mind would not be able to appreciate fully the military problems often involved in court-martial cases. Some of these officers also predicted that such a court, organized along traditional appellate lines, would not be able to cope with the tremendous volume of cases that would come before it. On the other side were the adherents of the Court proposal - com- posed principally of civilian lawyers and veterans, speaking through their national organizations, who had, from experience, acquired a distaste for the court-martial system. Congressmen representing this viewpoint hailed the Court as the most vital element in the re- formation and unification of military criminal law brought about by the Uniform Code of Military Justice. It was stated that the legislation creating the Court embodied the most revolutionary changes which have ever been incorporated in our military law. The Court has now been in existence for something more than a year. Enough time has passed to enable the interested, nonprejudiced ob- server to form a preliminary evaluation of this new addition to the judiciary. He will probably conclude that the actual result - as is usually the case -lies somewhere between the pre-birth claims and arguments of the proponents and opponents. To others must be left the task of examining for this symposium the principal product of the Court - its written opinions. In this article we propose to spell out its development, organization and operation. Taken together with the information concerning the Code and the Court appearing elsewhere in this issue, it may enable the reader to form a preliminary judgment as to the desirability and efficacy of civilian review of court-martial convictions. * Commissioner, United States Court of Military Appeals; member, Illinois Bar; formerly law clerk to Chief Justice Fred M. Vinson. The editors of the Vanderbilt Law Review wish to acknowledge and express their appreciation for the service Mr. Walker has rendered in the planning and execution of this Symposium. t Commissioner, United States Court of Military Appeals; member, New York Bar; formerly law clerk to Mr. Justice Robert H. Jackson.

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