In the criminal law system, some basic objectives are to discover the truth, acquit the innocent without unnecessary delay or expense, punish the guilty proportionately with their crimes, and prevent and deter further crime, thereby providing for the public order. Military justice shares these objectives in part, but also serves to enhance discipline throughout the Armed Forces, serving the overall objective of providing an effective national defense. Contents of this report: Intro.; Military Courts-Martial: Jurisdiction; Types of Offenses; Investigation; Types of Courts-Martial: Summary Courts-Martial; Special Courts-Martial; General Courts-Martial; Post-Trial Review; Appellate Review; Selected Procedural Safeguards. Illus. This is a print on demand report.
Author: Eugene R. Fidell
Publisher: Oxford University Press
Release Date: 2016-09-29
Genre: Courts-martial and courts of inquiry
"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantanamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country. "
Author: Eugene R. Fidell
Release Date: 2012-02-17
Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi-national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far-ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.
Author: United States. Congress. House. Committee on Armed Services. Military Personnel and Compensation Subcommittee
Release Date: 1982
Genre: Courts-martial and courts of inquiry
Author: William Thomas Allison
Release Date: 2007
A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values democracy and rule of law to the Vietnamese."
Author: Chris Madsen
Publisher: UBC Press
Release Date: 1999
Another Kind of Justice is the first historical survey ofCanadian military law, providing insights into military justice inCanada, the purpose of military law, and the level of legalprofessionalism within the Canadian military. After delving intothe British roots of Canadian military law, ChrisMadsen brings his discussion up to date with analysis of recentsexual discrimination cases and the Somalia inquiry. He explains howthe law has served a strictly functional purpose in maintainingdiscipline, and demonstrates how it claims its legitimacy and distinctstatus in relation to civil law.
Author: Lawrence J. Morris
Release Date: 2010
The goal of this book is to provide an overview of the theory and practice of military justice, so that the interested reader-- especially the nonlawyer, but also the practitioner new to military justice-- receives a thorough and balanced overview of the military justice system. The book provides a comprehensive treatment of the current military justice system, enriched by enough history to make current practices understandable and future changes foreseeable. It addresses the system from the standpoint of society, which invests in the military; the command, through which good order and discipline are administered; and those who participate in the trial process.