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.
Miner '56, Roger J., "The Last Civilian Court—Martial and Its Aftermath" (2006). Military Law. 1.