Author: Eugene R. Fidell
Publisher: Oxford University Press
Release Date: 2016-09-01
"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 Guant?namo 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: 2012-01-01
Genre: Courts-martial and courts of inquiry
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 u
This textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience. The Second Edition includes five new cases and addresses new legislation concerning special victims counsel; preliminary hearings; the role of commanders in referring and reviewing charges; mandatory minimum sentences for conviction of certain sex offenses; the offense of sodomy; and the good soldier defense.
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.
Author: Chris Bray
Publisher: W. W. Norton & Company
Release Date: 2016-05-17
A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.
Author: Jonathan Lurie
Publisher: CQ Press
Release Date: 2013-08-13
Genre: Political Science
This book addresses the body of statutory and case law covering both the military and military conduct. Four chapters discuss the relationship between the Supreme Court and military justice, covering the Civil War era, World War II, the post-war period from 1956 to 1987, and developments since the September 11, 2001, attacks. Each chapter also includes a set of documents that shed light on these periods of U.S. history. Excerpts from key Supreme Court briefs and rulings are complemented by articles from the Army Times, the Armed Forces Journal, and mass media including the New York Times and The Nation. Incisive introductions to these documents explain the evolution of constitutional law and the ways in which federal and state statutes have lessened the effectiveness of both civilian control over the military and civilian judicial oversight.
Author: Thomas Power Lowry
Publisher: LSU Press
Release Date: 2006
"From 1861 through 1865, southern women fought a war within a war. While most of their efforts involved activities such as rolling bandages and organizing charity fairs, many women in the Confederacy, particularly in border states, challenged Federal authority in more direct ways: smuggling maps, medicine, and munitions; aiding deserters; spying; feeding Confederate bushwhackers; cutting Federal telegraph wires. Thomas P. Lowry's investigation into some 75,000 Federal courts-martial - uncovered in National Archives files and mostly unexamined since the Civil War - brings to light women caught up in the inexorable Unionist judicial machinery. Their stories, published here for the first time, often in first-person testimony, compose a picture of courage and resourcefulness in the face of social, military, and legal constraints."--BOOK JACKET.
Author: Bob McCarty
Publisher: Createspace Independent Pub
Release Date: 2011-10-14
U.S. Army Special Forces Sgt. 1st Class Kelly A. Stewart admitted to having a one-night stand with a 28-year-old German woman the night of Aug. 22, 2008. She did, too. Both knew sex was part of the plan when they left the discotheque near Stuttgart. Two months later, however, her story changed and the highly-decorated combat veteran found himself facing rape and kidnapping charges.Despite a lack of both physical evidence and eyewitnesses to the alleged crimes, it took only three days for the panel to find Stewart guilty of numerous offenses — including aggravated sexual assault, kidnapping, forcible sodomy and assault and battery — and sentence him to eight years behind bars.Incredibly, the conviction was based almost entirely on the testimony of Stewart's accuser, a one-time mental patient who, with the backing of the German government, refused to allow her medical records to be entered as evidence.Today, Stewart's fighting for a new trial so he can shed the “sexual offender” label that will stay with him the rest of his life if justice remains out of reach.Based on extensive interviews and never-before-published details taken from the actual Record of Trial, “Three Days In August: A U.S. Army Special Forces Soldier's Fight for Military Justice” by Bob McCarty paints a portrait of military justice gone awry that's certain to make your blood boil.
Author: Australian, Army Legal Corps Staff
Publisher: Big Sky Publishing
Release Date: 2014-02-01
Justice in Arms brings to life a fascinating and important element of Australia’s legal history — the role of Army legal officers in Australia and in expeditionary operations from the Boer War until 2000. This is a comprehensive and absorbing history which describes the dynamic interaction of institutional and political imperatives and the personalities who managed this interaction over the decades. It is populated by colourful characters and legal luminaries and demonstrates that military justice is rightly concerned with discipline and cohesiveness. Reflecting broader societal norms, it is also concerned with the rule of law and respect for the rights, liberties and fair treatment of those who serve in the armed forces. Justice in Arms describes the extraordinary contribution of Army legal officers to both the profession of arms and the development of the law, charting the evolving personal and structural relationships between Army legal officers and command dictated by the changing legal needs of the Army and the broader Australian Defence Force. Today Army legal officers apply, adapt and shape the law to meet evolving needs in peacetime and during armed conflict and peace operations, ensuring the legitimacy of military action and the maintenance of domestic and international support for national objectives.
Author: Tomaz Jardim
Publisher: Harvard University Press
Release Date: 2012-01-05
The Nuremberg trials are regarded as models of postwar justice, but the Mauthausen trial was the norm and reveals the troubling face of American military proceedings. This rough justice, with its lax rules of evidence and questionable interrogations, compromised legal standards in order to guarantee that guilty people did not walk free.
Author: Peter Judson Richards
Publisher: NYU Press
Release Date: 2007-06-01
The Al-Qaeda terror attacks of September 11, 2001, aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or “commissions” for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently Hamdan v. Rumsfeld. At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the “Great War,” and Allied practices during the Second World War. Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.
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.