Air Force Court of Criminal Appeals
Encyclopedia
The Air Force Court of Criminal Appeals (AFCCA) 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 (a). The Court hears and decides appeals of United States Air Force
court-martial
conviction
s and appeal
s pendente lite
. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.
The Air Force Court of Criminal Appeals is located at Bolling Air Force Base
in Washington, D.C.
, and, when necessary in furtherance of its jurisdiction, reviews all petitions for extraordinary relief properly filed before it.
This includes:
The next level of appeal from the AFCCA is the United States Court of Appeals for the Armed Forces
.
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
authorized by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and established by the Judge Advocate General of the Air Force
Judge Advocate General's Corps, U.S. Air Force
The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Air Force.- History :The United States Air Force became a separate military service in September 1947. On 25 June 1948, the Congress established an office of The Judge Advocate General ...
pursuant to the exclusive authority under (a). The Court hears and decides appeals of United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
court-martial
Court-martial
A 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...
conviction
Conviction
In 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 . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
s and appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s pendente lite
Pendente lite
Pendente lite is a Latin term meaning "while the litigation is pending" which is used for court orders or legal agreements entered into while a matter is pending...
. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.
The Air Force Court of Criminal Appeals is located at Bolling Air Force Base
Bolling Air Force Base
Joint Base Anacostia-Bolling is a military installation, located in Southeast Washington, D.C., established on 1 October 2010 in accordance with congressional legislation implementing the recommendations of the 2005 Base Realignment and Closure Commission...
in Washington, D.C.
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. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Jurisdiction
The court conducts mandatory review of all courts-martial of Air Force members referred to the court (unless waived by the appellant) pursuant to Articles 62, 66, 69, and 73 of the Uniform Code of Military JusticeUniform 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 . ....
, and, when necessary in furtherance of its jurisdiction, reviews all petitions for extraordinary relief properly filed before it.
This includes:
- all trials by court-martial in which the sentence includes confinement for one year or longer, a bad-conduct or dishonorable discharge, dismissal of a commissioned officer or cadet, or death;
- all cases reviewed by the Judge Advocate General of the Air Force and forwarded for review under UCMJ Article 69(d);
- certain government appeals of orders or rulings of military trial judges that terminate proceedings, exclude evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, or which concern the disclosure of classified informationClassified informationClassified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
; and - petitions for new trial referred by The Judge Advocate GeneralJudge Advocate General's CorpsJudge 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...
; and - petitions for extraordinary relief, including writWritIn 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...
s of mandamusMandamusA 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...
, writs of prohibitionProhibition (writ)A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...
, writs of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, and writs of error coram nobisCoram nobisCoram nobis or coram vobis also known as error coram nobis or error coram vobis is a legal writ issued by a court to correct a previous error "of...
.
The next level of appeal from the AFCCA is 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...
.
See also
- 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
- Coast Guard Court of Criminal AppealsCoast Guard Court of Criminal AppealsThe Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....