United States Court of Appeals for the Armed Forces
or USCAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice.Congress's authority "To make Rules for the Government and Regulation of the land and naval Forces" is contained in the United States Constitution at Article I, Section 8.Until 1920, court-martial convictions were reviewed either by a commander in the field or by the president, depending on the severity of the sentence or the rank of the accused.Following the war, in the Act of June 4, 1920, Congress required the Army to establish boards of review, consisting of three lawyers, to consider cases involving death, dismissal of an officer, an unsuspended dishonorable discharge, or confinement in a penitentiary, with limited exceptions.identified a variety of problems in the administration of military justice during the war, including the potential for improper command influence.In 1948, Congress enacted significant reforms to the Articles of War, including creation of a Judicial Council of three general officers to consider cases involving sentences of death, life imprisonment, or dismissal of an officer, as well as cases referred to the Council by a board of review or the judge advocate general.The first Secretary of Defense, James Forrestal, created a committee under the chairmanship of Professor Edmund Morgan to study the potential for unifying and revising the services' disparate military justice systems under a single code.The committee recommended a unified system applicable to the Army, Navy, Air Force, Marine Corps, and Coast Guard.The committee also recommended that qualified attorneys serve as presiding officers and counsel, subject to limited exceptions.Numerous other changes were proposed by the committee to enhance the rights of servicemen in the context of the disciplinary needs of the armed forces.The committee's recommendations, as revised by Congress, became the Uniform Code of Military Justice (UCMJ), enacted on May 5, 1950.The report of the House Armed Services Committee accompanying the legislation emphasized that the new court would be "completely removed from all military influence of persuasion."The Courts of Criminal Appeals review the cases for legal error, factual sufficiency, and sentence appropriateness.Unlike most civilian criminal jurisdictions in the United States, the military does not require that a defendant prove an inability to pay in order to receive defense counsel at government expense.This practice, known as Project Outreach, was developed principally by Chief Judge Robinson O. Everett as part of a public awareness program to demonstrate the operation of a federal court of appeals and the military criminal justice system.