Sticks,stones and broken bones: Military law’s criteria for aggravated assault |
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Authors: | Michael F. Noone Mary Jo Wiley |
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Affiliation: | 1. Columbus School of Law, Office of the Faculty, Catholic University of America, 20064, Washington, D.C. 2. the Catholic University Law School, USA
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Abstract: | In light of recent military court decisions, this article asks whether the Uniform Code of Military Justice should be revised to encompass batteries which do not satisfy the present nineteenth century definition of grievous bodily harm. In answering this question, the article first traces the evolution of the military law of battery. Current medical views on the consequences of a criminal attack, particularly the psychic effects of violence, are then explored, concluded with a discussion of the competing considerations which should affect any decision to change the law. He has also been a visiting Distinguished Professor of Law at the U.S. Military Academy and has written numerous articles on civil-military relations. |
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