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In it are as- sembled the recollections, reflections, and accumulated wisdom of those charged with making that system— a relatively primitive version of today's— work in Vietnam. 142 1st Marine Division: The Law Center Concept 142 3d Marine Division: More Combat, Fewer Courts 147 From a Lawyer's Case File: Murder on Stage *» ^ , ., ... Army law, meanwhile, underwent significant revisions in 1786, 1806, 1874, and 1917. In the naval serv- ice the lowest level court was the deck court (called a summary court-martial in the Army), a one-officer proceeding, limited to punishment of confinement or solitary confinement for up to 20 days. The administration of military justice in the Navy and Marine Corps entailed similar inequities under Naval Courts and Boards, the Navy legal manual of the day, and Rocks and Shoals.What a curious group it was: The senior leadership of Marine Corps lawyers (they would not be titled "judge advocates'* until well past halfway in the war) was predominantly combat officers, who had served in World War II and Korea in "line" billets, and who had later come into the legal field. 5 Jn 1865 the United States established the position of Solicitor and Naval Judge Advocate General, but Congress abolished the office after the death of the *The term derives from Article XTX, Rules and Regulations for the Government of the Navy. Bread and water for a similar period was authorized. During this period no lawyers or judge advocates acted as such in the Ma- rine Corps.He was chief trial counsel of rhe 3d Marine Division on Okinawa in 1974, then of the 1st Marine Divi= sion at Camp Pendleton in 1975-76. 167 Civilians at Courts-martiai: Latney Reversed .... The law governing armies arose under the Romans and their legion tribunes, who administered the Magistri Militum, Later, the Franks produced the first known written code of military law, and William the Conqueror introduced his version of military justice to England in 1066. Marine Corps, was ap- pointed the first Judge Advocate General of the Navy.Later, he was the staff judge advocate of Headquart- ers Fleet Marine Force, Atlantic, and head of the Military Law Branch, Judge Advocate Division. Marine Corps (Retired) Director of Marine Corps History and Museums Introduction The war in Vietnam has long since passed from the headlines to the history books, yet the many issues it raised have only slightly receded, and the controversy barely at all. In 1640 Parliament passed the landmark Ordinances of Armies, and later the Ameri- can colonies followed the British pattern. 4 MARINES AND MILITARY LAW IN VIETNAM Marine Corps Historical Collection Col William B. mediate level court was the summary court-martial (called a special court-martial in the Army), composed of at least three officers.
But while verdicts cannot be ordered, the cases were always brought to trial. Soils, was first in Vietnam in 1964 as an am- phibian tractor platoon commander. Un- til recently, there were two distinct bodies of military law: that of the sea, and that of land armies.
We found one in the author, Lieutenant Colonel Gary D. Lieutenant Colonel Solis brought to this effort a unique perspective. When the govern- ment falls short of that high standard, for whatever reason, the accused must go free. As one antimilitary parti- san phrased it: No one blushed in admitting that the court-martial was not a trial, that the commander used it to enforce his dis- ciplinary policies and inculcate military values in his men.
He also brought to it a talent for research and writing, which I think has resulted in not only an outstanding piece of scholarship, but also a compelling and unusual piece of literature. Occasionally that results in a seeming miscarriage of justice. 55 Perspective , 56 PART II BUILD UP AND CONSOLIDATION. ORIGINS OF MILITARY LAW AND MARINE CORPS LAWYERS that it was administered by officers alone, that there was no right to review, and that the sentences were calculated to set an example and not to provide justice.
However, to read this volume only to resolve such weighty questions is to overlook much of its worth. By far the greater number served honorably and never committed illegal or improper acts. , 89 3d Marine Division: Every Marine a Rifleman 91 1st Marine Aircraft Wing/Force Logistic Command: Doing Time at Da Nang. 96 From a Lawyet's Case File: Civilian Court-martial 99 Drugs: 'High' Tide 103 Trying Cases . 110 Homicide on Patrol: Nothing Hidden Ill III MAF Brig Riot: Prisoner's Kangaroo Courts 114 Perspective . World War II and Beyond:' Military Justice is to Justice as Military Music is to Music During World War II millions of Americans joined the ranks of the Aimed forces and, in far greater num- bers than in World War I, the citizen -soldier again came into contact with military justice.
It also tells an interesting story— as well it should, for writing history is much like preparing a difficult and complicated case for trial. But in a book about lawyers and military law — a criminal justice system — the focus is necessarily upon criminals as well as lawyers. There were about 1,700,000 convictions by courts-martial during, the war.
The Marine Corps can take pride in the commanders and the judge advocates who ensured that whenever those crimes were discovered they were ex- posed and vigorously prosecuted. The small rooms that ran down the long arm of the L served as the officers' billeting spaces.