O'Callahan v. Parker: Sounding the Death Knell of Military Justice

Authors

Peter W. Bowie

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

Although the question had been tangentially noted on numerous occasions and in various contexts, until O’Callahan v. Parker, the Supreme Court had never directly considered whether a court-martial had jurisdiction to try a serviceman for commission of a non-service connected offense. In a monumental 5-3 decision, the Court held that where there was no sufficient overriding military interest, a court-martial could not exercise jurisdiction over an offense civil in nature, although the alleged offender was a member of the regular forces on active duty…

Recommended Citation

Peter W. Bowie, O'Callahan v. Parker: Sounding the Death Knell of Military Justice, 7 San Diego L. Rev. 55 (1970).
Available at: https://digital.sandiego.edu/sdlr/vol7/iss1/6