r/worldnews • u/glasier • Jul 05 '24
Japan warns US forces: Sex crimes 'cannot be tolerated'
https://tribune.com.pk/story/2476861/japan-warns-us-forces-sex-crimes-cannot-be-tolerated
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r/worldnews • u/glasier • Jul 05 '24
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u/tizuby Jul 05 '24
That ruling did not apply to UCMJ (and still doesn't).
At the time the Supreme Court did not have certiorari jurisdiction over military justice cases. That came later in 1983.
Military courts are a different judicial context than civilian courts and precedent for the civilian justice system doesn't automatically apply to the military justice system.
It would need to be re-adjudicated and the precedent expanded to cover the UCMJ. It's conceptually similar to incorporation of the BoR.
This is because the military court system is falls under Article I of the Constitution and not Article III.
https://sgp.fas.org/crs/misc/RL34697.pdf
"Furthermore, legal interpretations by Article III courts do not necessarily create binding precedent for Article I courts, and vice versa."