Document Type
Article
Publication Date
2023
Abstract
In the civilian world, the dispensation of punishment is reserved for judicial tribunals. Not so in the military justice systems of the United States and other nations. There, nonlawyer military leaders administer so-called “nonjudicial punishment” to address minor offenses in the ranks. Nonjudicial punishment, despite a long and sometimes bloody history, has survived efforts to modernize military justice. In fact, it has flourished: today it is the predominant form of military justice in the United States, outnumbering courts-martial nearly twenty to one. This Article analyzes the features and purposes of this unique punishment regime. The Article argues that nonjudicial punishment should be viewed in a new and more favorable light: this relic of a torturous past now helps ensure military compliance with international human rights and humanitarian law standards.
Recommended Citation
Rosenblatt, Frank, "Nonjudicial Punishment" (2023). Journal Articles. 197.
https://dc.law.mc.edu/faculty-journals/197