Crime in Germany 'Back in the Day': The Four Courts-Martial of Private Patrick F. Brennan

摘要

Fifty years ago, judge advocates (JAs) stationed in Germany participated in more than a few courts-martial involving undisciplined Soldiers. But military justice "back in the day" was quite different from what one would see today because, under the Uniform Code of Military Justice (UCMJ) as it then existed, there was no JA participation at special courts-martial. Rather, line officers served as trial and defense counsel and, as there also was no military judge or other similar judicial official at special courts, every court-martial was heard by a panel and the senior officer on the panel ran the court. More than anything else, special courts were courts of discipline (although justice certainly was done), but sometimes a Soldier's inability to adhere to the Army's standards could not be solved with a special court-martial-as illustrated by the case of nineteen-year-old Private (PVT) Patrick F. Brennan. The story that follows is that of a teenaged GI who managed to accumulate five convictions by three special courts-martial in just ninety days-topped off by a trial by general court-martial.