The
Navy-Marine Corps Court of Criminal Appeal (
NMCCA) is the
intermediate appellate courtAn appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts...
for criminal convictions in the
United States NavyThe United States Navy is the sea branch of the U.S. Armed Forces. It is one of the seven uniformed services of the United States. As of 31 December 2008, the U.S. Navy had about 331,682 personnel on active duty and 124,000 in the Navy Reserve. It operates 283 ships in active service and more than...
and the
Marine CorpsThe United States Marine Corps is a branch of the United States armed forces responsible for providing force projection from the sea, using the mobility of the United States Navy to rapidly deliver combined-arms task forces. It is one of seven uniformed services of the United States...
.
Courts-martialA court-martial is a military court. These military courts can determine punishments for members of the military subject to military law who are found guilty or may dismiss the charges based on the evidence and the case presented. Most militaries maintain a court-martial system to try cases in...
are conducted under the
Uniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps,...
(
Title 10 of the United States CodeTitle 10 of the United States Code outlines the role of armed forces in the United States Code.It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense...
§§ 801-946), and the
Manual for Courts-MartialThe Manual for Courts-Martial is the official guide to the conduct of Courts-Martial in the United States. An executive order of the President of the United States, the MCM details and expands on the Military law in the Uniform Code of Military Justice....
. If the trial results in a
convictionIn law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal...
, the case is reviewed by the convening authority (the person who referred the case for trial by court-martial). The convening authority has discretion to mitigate the findings and sentence.
If the
sentenceIn law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, as approved by the convening authority, includes
deathCapital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences....
, a
bad conduct or dishonorable dischargeA military discharge is given when a member of the armed forces is released from their obligation to serve.-Military discharge in the United States:...
, dismissal of an
officerAn officer is a member of an armed force who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
, or confinement for one year or more, the case is reviewed by an intermediate court.
The
Navy-Marine Corps Court of Criminal Appeal (
NMCCA) is the
intermediate appellate courtAn appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts...
for criminal convictions in the
United States NavyThe United States Navy is the sea branch of the U.S. Armed Forces. It is one of the seven uniformed services of the United States. As of 31 December 2008, the U.S. Navy had about 331,682 personnel on active duty and 124,000 in the Navy Reserve. It operates 283 ships in active service and more than...
and the
Marine CorpsThe United States Marine Corps is a branch of the United States armed forces responsible for providing force projection from the sea, using the mobility of the United States Navy to rapidly deliver combined-arms task forces. It is one of seven uniformed services of the United States...
.
Courts-martialA court-martial is a military court. These military courts can determine punishments for members of the military subject to military law who are found guilty or may dismiss the charges based on the evidence and the case presented. Most militaries maintain a court-martial system to try cases in...
are conducted under the
Uniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps,...
(
Title 10 of the United States CodeTitle 10 of the United States Code outlines the role of armed forces in the United States Code.It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense...
§§ 801-946), and the
Manual for Courts-MartialThe Manual for Courts-Martial is the official guide to the conduct of Courts-Martial in the United States. An executive order of the President of the United States, the MCM details and expands on the Military law in the Uniform Code of Military Justice....
. If the trial results in a
convictionIn law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal...
, the case is reviewed by the convening authority (the person who referred the case for trial by court-martial). The convening authority has discretion to mitigate the findings and sentence.
Review court
If the
sentenceIn law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, as approved by the convening authority, includes
deathCapital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences....
, a
bad conduct or dishonorable dischargeA military discharge is given when a member of the armed forces is released from their obligation to serve.-Military discharge in the United States:...
, dismissal of an
officerAn officer is a member of an armed force who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeal.
Description
The Navy-Marine Corps Court of Criminal Appeals is located in
Washington, D.C.Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
in the
Navy YardThe Washington Navy Yard is the former shipyard and ordnance plant of the United States Navy in Southeast Washington, D.C. It is the oldest shore establishment of the U.S. Navy. The Yard currently serves as a ceremonial and administrative center for the U.S...
. The court conducts mandatory review (unless waived by the appellant) of all courts-martial of members of the naval service referred to the court pursuant to Articles 62, 66, 69, and 73 of the Uniform Code of Military Justice. When necessary in furtherance of its
jurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.Alternatively, jurisdiction is the authority given...
, the Court reviews all petitions for extraordinary relief properly filed before it (28 U.S.C. § 1651). The
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
military justice system commonly uses four
writIn law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this public body is generally a court. Warrants, prerogative writs and subpoenas are types of writs; there are many others.-History:...
s:
mandamusA writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
,
prohibitionA writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall...
, error coram nobis, and
habeas corpusHabeas corpus is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system...
. A writ of mandamus is an order from a court of competent jurisdiction that requires the performance of a specified act by an inferior court or authority. The writ of prohibition is used to prevent the commission of a specified act or issuance of a particular order. The writ of error,
coram nobis, is used to bring an issue before the court that previously decided the same issue. It allows the court to review error of fact or a retroactive change in the law that which affects the validity of the prior proceeding. The writ of habeas corpus is used to challenge either the legal basis for or the manner of confinement.
The court has the statutory authority to determine whether the findings of guilty and the sentence are correct in law and fact for all courts-martial reviewed under Article 66, UCMJ (about 96% of the Court's work), and to take corrective action if prejudicial error has occurred.
Such action includes setting aside or modifying the findings and/or the sentence, ordering a rehearing, and dismissing charges and specifications. Unless reversed by a higher court, such action is binding on all parties, including all officials of the United States. The court's published opinions are binding precedent for the conduct of courts-martial in the naval service.
The Courts of Criminal Appeals review cases for legal error, factual sufficiency, and sentence appropriateness. All other cases are subject to review by judge advocates under regulations issued by each service. After such review, the Judge Advocate General may refer a case to the appropriate Court of Criminal Appeals. The Courts of Criminal Appeals also have jurisdiction under Article 62 of the UCMJ to consider appeals by the United States of certain judicial rulings during trial. Review under Article 62 is limited to issues involving alleged legal errors.
BluebookThe Bluebook: A Uniform System of Citation, a style guide, prescribes the most widely used legal citation system in the United States. The Bluebook is compiled by the Harvard Law Review Association, the Columbia Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal....
citation form for this Court is provided in Table T.1 (N-M. Ct. Crim. App.),
The Bluebook: A Uniform System of Citation (Columbia law Review Ass'n et al. eds, 18th ed. 2005). The official reporters are West's Military Justice Reporter (M.J.) (1975-date) and Court Martial reports (C.M.R.) (1951-1975).
External links