United States v. Butler

I believe that my Brothers have misinterpreted both the judicial and legislative history of Article 16(1)(B), Uniform Code of Military Justice, 10 U.S.C. § 816(1)(B). At a time when trial by judge alone constitutes a significant segment, if not the majority, of the courts-martial tried today, it is all too easy to forget that such an option has not always been available to either a military or civilian accused.

During the pretrial hearing, the military judge informed the parties that “[t]he record should reflect that ... [he had] received at the bench a request ... [from] the accused in this…