Coast Guard Court of Criminal Appeals
Encyclopedia
The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia.
The Court was established under Article 66, Uniform Code of Military Justice (UCMJ)
, by the Judge Advocate General
of the Coast Guard. The Court is normally composed of five appellate military judges
, organized in panels of three for consideration of referred cases. All but the Chief Judge
have other primary duties, so that their service on the Court constitutes a collateral duty.
in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with lesser sentences if the Judge Advocate General so directs.
After CGCCA review, the next level of appeal is to the United States Court of Appeals for the Armed Forces
.
, petitions for new trial which have been referred to the Court, and appeals by the United States under Article 62, UCMJ.
The Court was established under Article 66, Uniform Code of Military Justice (UCMJ)
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
, by the Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
of the Coast Guard. The Court is normally composed of five appellate military judges
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, organized in panels of three for consideration of referred cases. All but the Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
have other primary duties, so that their service on the Court constitutes a collateral duty.
Review of courts-martial
In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martialCourts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with lesser sentences if the Judge Advocate General so directs.
After CGCCA review, the next level of appeal is to the United States Court of Appeals for the Armed Forces
United States Court of Appeals for the Armed Forces
The United States Court of Appeals for the Armed Forces or CAAF is an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice...
.
Writ review
Also reviewed by the Court are petitions for extraordinary writsWrit
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, petitions for new trial which have been referred to the Court, and appeals by the United States under Article 62, UCMJ.
Judges
The judges may be commissioned officers or civilians. As of 2010, the Court is constituted as follows:- Chief Judge Lane I. McClelland
- Judge Michael J. Lodge
- Judge Frederick J. Kenney
- Judge Michael E. Tousley
- Judge Patrick J. McGuire
- Judge Brian T. McTague
- Clerk of the Court: Gail M. Reese
See also
- Court-martialCourt-martialA court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
- Coast Guard Legal Division
- Coast Guard Investigative ServiceCoast Guard Investigative ServiceThe Coast Guard Investigative Service is a division of the United States Coast Guard that investigates crimes where the Coast Guard has an interest...
- Army Court of Criminal AppealsArmy Court of Criminal AppealsIn the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal AppealsAir Force Court of Criminal AppealsThe Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...