© 2003, Rotary Club of Charleston

P.O. Box 21029
Charleston, SC 29413-1029

Club secretary:
Carroll Schweers
chasrot@comcast.net

Review of military justice
Former military judge Cox provides insights

MARCH 23, 2004 - Walter Cox, a full-time attorney, former civil and military judge, and part-time lecturer at Duke University, discussed the history of the military justice system with Rotarians this week.

Cox told the story of Thomas Hickey, who was on General George Washington's personal staff, and who became disenchanted with the politics of the day and concocted a plan to murder Washington. His plot was unveiled by an alleged co-conspirator, and he was arrested. Washington deliberated about a proper way to try Hickey for the crimes, as the state courts at the time were controlled by the British, who would likely be sympathetic to Hickey's actions. Instead of permitting a state court trial, General Washington convened a court martial, which heard the case and sentenced Hickey to death. The Hickey court martial was the first American-controlled court ever formed.

Not until after World War II, however, did Americans have a truly organized military justice system. More than 2 million Americans military personnel were court martialed as a result of criminal acts committed during WWI, said Cox. As a result of this enormous volume of cases, the federal government decided to create a uniform body of criminal justice rules applicable to those serving in the military. In 1951, the Uniform Code of Military Justice ("UCMJ") was enacted. It applies to any crime committed by a member of the military regardless of where they are physically present at the time of the crime and regardless of whether they are on duty or not at the time of the crime.

One of the radical components of the UCMJ was that it gave a civilian court the power to oversee military trials. This was a check on the command centric power of the military. Any service person accused of a crime also has a right to an attorney to represent him or her during the court martial process.

Today, we have a well organized military justice in place, said Cox. The purpose of such system is to provide discipline and order to the troops by enforcing codes of expected conduct. However, the system is constantly being challenged by new issues in modern times, such as what should be done with the detainees currently being held in Cuba and challenges created by the integration of male and female troops.

In other business…

Brian Johnson gave the invocation and led us in the Pledge of Allegiance, and Leslie Fellabom welcomed our guests and visiting Rotarians. Earl Walker offered Health and Happiness, followed by Anita Zucker providing a Rotary moment. The Club then inducted Maria Goodloe as a new member. She was sponsored by Barry Gleim. Finally, Lisa Thomas introduced our guest speaker, Walter Cox.

-- Amy Jenkins