Document Type

Article

Publication Date

2006

Abstract

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of the trial, including the Supreme Court's ultimate

determination that courts-martial have no jurisdiction over civilians,

and the passage of the Military Extraterritorial Jurisdiction Act to

allow for prosecution in United States District Courts of civilians

employed by or accompanying the Armed Forces overseas.

Comments

Speeches and Writings #106

Subsequently published in 67 Ohio St. L.J. 403 (2006).

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