During World War II, mass mobilization resulted in an unprecedented proportion of the US population serving in the armed forces.
Over 2 million courts-martial were performed under the then-governing Articles of War,[3] and large portion of the population was exposed to military justice.
[5] Congress enacted the UCMJ to engraft civilian forms of due process into the military justice system, while at the same time maintaining the unique authority of the commander.
They refer charges to courts-martial, choose from among their subordinates to be members of the panel (the jury), and in some cases can overturn guilty verdicts and authorize or waive entirely punishment adjudged at trial.
However, courts-martial are now presided over by military judges, and commanders are specifically directed to remain detached from the proceedings through Article 37 of the UCMJ.
It states, in part: (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings.
For instance, if the UCI consisted in statements from a commander that a certain punishment was required if a defendant was found guilty, a court could order a retrial on the issue of sentence only.