Military Justice

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Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond Pdf/ePub eBook Author: ,
Editor: W. W. Norton & Company
ISBN: 0393243419
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Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond by , Summary

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.

Military Justice: A Very Short Introduction

Military Justice: A Very Short Introduction Pdf/ePub eBook Author: Eugene R. Fidell
Editor: Oxford University Press
ISBN: 0199303509
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Military Justice: A Very Short Introduction by Eugene R. Fidell Summary

"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 Guantánamo 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.

Military Justice

Military Justice Pdf/ePub eBook Author: R. Chuck Mason
Editor: DIANE Publishing
ISBN: 1437984339
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Military Justice by R. Chuck Mason Summary

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.

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy Pdf/ePub eBook Author: Brett J. Kyle,Andrew G. Reiter
Editor: Routledge
ISBN: 042967094X
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Military Courts, Civil-Military Relations, and the Legal Battle for Democracy by Brett J. Kyle,Andrew G. Reiter Summary

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Military Justice: A Very Short Introduction

Military Justice: A Very Short Introduction Pdf/ePub eBook Author: Eugene R. Fidell
Editor: Oxford University Press
ISBN: 0199303517
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Military Justice: A Very Short Introduction by Eugene R. Fidell Summary

"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 Guantánamo 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.

The Supreme Court and Military Justice

The Supreme Court and Military Justice Pdf/ePub eBook Author: Jonathan Lurie
Editor: CQ Press
ISBN: 1452276285
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The Supreme Court and Military Justice by Jonathan Lurie Summary

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.

Military Justice: A Guide to the Issues

Military Justice: A Guide to the Issues Pdf/ePub eBook Author: Lawrence J. Morris
Editor: ABC-CLIO
ISBN: 1573567531
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Military Justice: A Guide to the Issues by Lawrence J. Morris Summary

Public, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).

Military Justice and the Right to Counsel

Military Justice and the Right to Counsel Pdf/ePub eBook Author: S. Sidney Ulmer
Editor: University Press of Kentucky
ISBN: 0813188164
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Military Justice and the Right to Counsel by S. Sidney Ulmer Summary

In Military Justice and the Right to Counsel, S. Sidney Ulmer seeks to explore and compare the right to counsel that has been afforded the American serviceman and that which has been granted his citizen counterpart in the civil courts. The civil and constitutional rights of the serviceman and the civilian in the context of criminal prosecutions are implemented in two distinct legal settings a civil system of state and federal courts, including the United States Supreme Court, and a military system composed of courts martial, boards of review, and the United States Court of Military Appeals. Ulmer suggests that in a political system in which individual preferences are given equal weight, the values of the priorities adopted in the civil society will inevitably encroach upon the variant values of any military sub-society involving substantial numbers of people who participate in both.

Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications

Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications Pdf/ePub eBook Author: Brenda S. Farrell
Editor: DIANE Publishing
ISBN: 1437988059
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Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications by Brenda S. Farrell Summary

The crime of sexual assault has serious consequences for both the aggrieved and the accused. The severity of these consequences underscores the importance of impartially administering justice in order to promote accountability and confidence that such allegations are taken seriously. This report addresses the extent to which: (1) the Department of Defense (DoD) conducts oversight of the military services¿ investigative organizations; and (2) the services provide resources for investigations and adjudications of alleged sexual assault incidents. The report also identified an issue relating to the military¿s criminal code during this review. Table and figure. This is a print on demand report.

Atrocity and American Military Justice in Southeast Asia

Atrocity and American Military Justice in Southeast Asia Pdf/ePub eBook Author: Louise Barnett
Editor: Routledge
ISBN: 1135172358
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Atrocity and American Military Justice in Southeast Asia by Louise Barnett Summary

This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities. Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously. Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond Pdf/ePub eBook Author: Chris Bray
Editor: W. W. Norton & Company
ISBN: 0393243419
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Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond by Chris Bray Summary

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.

AR 27-10 10/03/2011 MILITARY JUSTICE , Survival Ebooks

AR 27-10 10/03/2011 MILITARY JUSTICE , Survival Ebooks Pdf/ePub eBook Author: Us Department Of Defense,www.survivalebooks.com,Department of Defense,Delene Kvasnicka,United States Government US Army,United States Army,Department of the Army,U. S. Army,Army,DOD,The United States Army
Editor: Delene Kvasnicka www.survivalebooks.com
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AR 27-10 10/03/2011 MILITARY JUSTICE , Survival Ebooks by Us Department Of Defense,www.survivalebooks.com,Department of Defense,Delene Kvasnicka,United States Government US Army,United States Army,Department of the Army,U. S. Army,Army,DOD,The United States Army Summary

AR 27-10 10/03/2011 MILITARY JUSTICE , Survival Ebooks

Fundamentals of Military Law

Fundamentals of Military Law Pdf/ePub eBook Author: Jian Zhou
Editor: Springer
ISBN: 9811362483
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Fundamentals of Military Law by Jian Zhou Summary

The book makes a comprehensive analysis of the basic principles and theories of military law, restructuring the theoretic framework of military law. It also puts forwards the new concepts of “core military law” and “international military law” for the first time in China, and even the world. The book could help legal scholars and lawyers, especially military lawyers and research fellows in military law, to have a new approach to study military law.

U.S. Military Operations

U.S. Military Operations Pdf/ePub eBook Author: Geoffrey S. Corn,Rachel E. VanLandingham,Shane R. Reeves
Editor: Oxford University Press
ISBN: 0199363188
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U.S. Military Operations by Geoffrey S. Corn,Rachel E. VanLandingham,Shane R. Reeves Summary

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Shaping US Military Law

Shaping US Military Law Pdf/ePub eBook Author: Joshua E. Kastenberg
Editor: Routledge
ISBN: 1317055772
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Shaping US Military Law by Joshua E. Kastenberg Summary

Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Death or Deliverance

Death or Deliverance Pdf/ePub eBook Author: Teresa Iacobelli
Editor: UBC Press
ISBN: 0774825707
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Death or Deliverance by Teresa Iacobelli Summary

Soldiers found guilty of desertion or cowardice during the Great War faced death by firing squad. Novels, histories, movies, and television series often depict courts martial as brutal and inflexible, and social memories of this system of frontline justice have inspired modern movements to seek pardons for soldiers executed on the battlefield. In this powerful and moving book, Teresa Iacobelli looks beyond stories of callous generals and quick executions to consider the trials of nearly two hundred soldiers who were sentenced to death but spared by a disciplinary system capable of thoughtful review and compassion. By bringing to light these men's experiences, Death or Deliverance reconsiders an important chapter in the history of both a war and a nation.

The Blackstone of Military Law

The Blackstone of Military Law Pdf/ePub eBook Author: Joshua E. Kastenberg
Editor: Scarecrow Press
ISBN: 0810863014
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The Blackstone of Military Law by Joshua E. Kastenberg Summary

Colonel William Winthrop singularly was the most influential person in developing the military law of the United States. A half century ago, the Supreme Court tendered to Winthrop the title, 'The Blackstone of Military Law,' meaning simply that his influence outshone all others. He has been cited over 20 times by the highest court and well over a 1,000 times by other federal courts, state courts, and legal texts. In this, he surpasses most other legal scholars, save Joseph Story, John Marshall, or Felix Frankfurter. But while biographies of each of these Supreme Court Justices have been written, there has been none to date on Winthrop. The Blackstone of Military Law: Colonel William Winthrop is the first biography on this important figure in military and legal history. Written in both a chronological and thematic format, author Joshua E. Kastenberg begins with Winthrop's legal training, his involvement in abolitionism, his military experiences during the Civil War, and his long tenure as a judge advocate. This biography provides the necessary context to fully appreciate Winthrop's work, its meaning, and its continued relevance.

Courting Conflict

Courting Conflict Pdf/ePub eBook Author: Lisa Hajjar
Editor: Univ of California Press
ISBN: 9780520937987
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Courting Conflict by Lisa Hajjar Summary

Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.

Roman Military Law

Roman Military Law Pdf/ePub eBook Author: C. E. Brand
Editor: University of Texas Press
ISBN: 0292758170
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Roman Military Law by C. E. Brand Summary

Rome was the law-giver for much of the modern world. She was also the greatest military power of antiquity, operating her military organization with remarkable efficiency and effectiveness throughout most of the then-known world. In view of the importance of both the legal and military aspects of the Roman Empire, an account of their combination in a system of disciplinary control for the Roman armies is of considerable significance to historians in both fields—and, in fact, to scholars in general. In Roman Military Law, C. E. Brand describes this system of control. Since a characterization of such a system can be made most meaningful only against a background of Roman constitutional government and in the light of ideologies current at the time, Brand follows his initial “Note on Sources” with a sketch of the contemporary Roman scene. This first section includes a discussion of the Roman constitution and an examination of Roman criminal law. The history of Rome, as a republic, principate, and empire, extended over a period of a thousand years, so any attempt to represent a generalized picture must be essentially a matter of extraction and condensation from the voluminous literature of the whole era. Nevertheless, from the fantastic evolution that is the history of Rome, Brand has been able to construct a more or less static historical mosaic that may be considered typically “Roman.” This comes into sharpest focus during the period of the Punic Wars, when the city and its people were most intensely Roman. The picture of the Roman armies is set into this basic framework, in chapters dealing with military organization, disciplinary organization, religion and discipline, and offenses and punishments. The final section of the book considers briefly the vast changes in Roman institutions that came about under the armies of the Empire, and then concludes with the Latin text and an English translation of the only known code of Roman military justice, promulgated sometime during the later Empire, preserved in Byzantine literature, and handed down to medieval times in Latin translations of Byzantine Greek law, which it has heretofore been confused.

Military Legitimacy

Military Legitimacy Pdf/ePub eBook Author: Rudolph C. Barnes Jr
Editor: Routledge
ISBN: 1136302565
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Military Legitimacy by Rudolph C. Barnes Jr Summary

Focusing on the challenges faced by the US military in responding to "operations other than war" in the post-Cold War era, Rudolph Barnes makes a plea for the US government to address the "organizational bias for combat" and "narrow traditionalist view of military professionalism" within the Pentagon, which, he argues, are serious obstacles to developing an effective capabiilty for operations other than war. He draws on examples from Vietnam to the mismanagement of US military involvement in Somalia.