Military Justice

Author : Eugene R. Fidell,Elizabeth Lutes Hillman,Dwight Hall Sullivan
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2012
Category : Courts-martial and courts of inquiry
ISBN : 1422498611

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Military Justice by Eugene R. Fidell,Elizabeth Lutes Hillman,Dwight Hall Sullivan Pdf

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

Author : Alison Duxbury,Matthew Groves
Publisher : Cambridge University Press
Page : 447 pages
File Size : 47,8 Mb
Release : 2016-08-04
Category : History
ISBN : 9781107042377

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Military Justice in the Modern Age by Alison Duxbury,Matthew Groves Pdf

Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.

Author : Robert Sherrill
Publisher : Unknown
Page : 262 pages
File Size : 50,7 Mb
Release : 1970
Category : Courts-martial and courts of inquiry
ISBN : UCAL:$B564959

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Military Justice is to Justice as Military Music is to Music by Robert Sherrill Pdf

Author : Brett J. Kyle,Andrew G. Reiter
Publisher : Routledge
Page : 267 pages
File Size : 44,7 Mb
Release : 2020-12-22
Category : Law
ISBN : 9780429670947

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Military Courts, Civil-Military Relations, and the Legal Battle for Democracy by Brett J. Kyle,Andrew G. Reiter Pdf

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.

Author : Chris Madsen
Publisher : UBC Press
Page : 252 pages
File Size : 46,9 Mb
Release : 2000
Category : History
ISBN : 0774807199

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Another Kind of Justice by Chris Madsen Pdf

This text provides insights into military justice in Canada, the purpose of military law, and the level of professionalism within the Canadian military. It describes the statutes and regulations that govern Canada's armed forces and the institutions responsible for overseeing military law.

Author : Chris Madsen
Publisher : UBC Press
Page : 249 pages
File Size : 48,7 Mb
Release : 2011-11-01
Category : History
ISBN : 0774807199

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Another Kind of Justice by Chris Madsen Pdf

Another Kind of Justice is the first historical survey of Canadian military law, providing insights into military justice in Canada, the purpose of military law, and the level of legal professionalism within the Canadian military. After delving into the British roots of Canadian military law, Chris Madsen brings his discussion up to date with analysis of recent sexual discrimination cases and the Somalia inquiry. He explains how the law has served a strictly functional purpose in maintaining discipline, and demonstrates how it claims its legitimacy and distinct status in relation to civil law.

Author : United States. Department of the Air Force
Publisher : Unknown
Page : 78 pages
File Size : 54,6 Mb
Release : 1959
Category : Courts-martial and courts of inquiry
ISBN : SRLF:D0002247401

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Military Justice Guide by United States. Department of the Air Force Pdf

Author : Eugene R. Fidell
Publisher : Oxford University Press
Page : 156 pages
File Size : 46,9 Mb
Release : 2016
Category : Law
ISBN : 9780199303496

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Military Justice by Eugene R. Fidell Pdf

This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

Author : Gregory E. Maggs,Lisa M. Schenck
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2015
Category : Courts-martial and courts of inquiry
ISBN : 163459827X

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Modern Military Justice by Gregory E. Maggs,Lisa M. Schenck Pdf

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 : David A. Schlueter
Publisher : Unknown
Page : 1697 pages
File Size : 40,7 Mb
Release : 2015
Category : Courts-martial and courts of inquiry
ISBN : OCLC:915309988

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Military Criminal Justice by David A. Schlueter Pdf

Author : United States. Department of Defense
Publisher : Unknown
Page : 320 pages
File Size : 50,5 Mb
Release : 1951
Category : Courts-martial and courts of inquiry
ISBN : OSU:32437122158856

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Manual for Courts-martial United States, 1951 by United States. Department of Defense Pdf

"This pamphlet contains a short history of the preparation of the Manual ... together with brief discussions of the legal and legislative considerations involved in the drafting of the book."--Pref.

Author : United States. Air Force ROTC.
Publisher : Unknown
Page : 160 pages
File Size : 53,6 Mb
Release : 1962
Category : Courts-martial and courts of inquiry
ISBN : MINN:31951002564793H

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The Military Justice System by United States. Air Force ROTC. Pdf

Author : Chris Bray
Publisher : W. W. Norton & Company
Page : 400 pages
File Size : 52,8 Mb
Release : 2016-05-17
Category : History
ISBN : 9780393243413

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

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 : Lawrence J. Morris
Publisher : Bloomsbury Publishing USA
Page : 360 pages
File Size : 51,8 Mb
Release : 2010-02-26
Category : History
ISBN : 9798216117780

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Military Justice by Lawrence J. Morris Pdf

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).

Author : Eugene R. Fidell
Publisher : Oxford University Press
Page : 160 pages
File Size : 47,9 Mb
Release : 2016-09-01
Category : Law
ISBN : 9780199303519

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Military Justice: A Very Short Introduction by Eugene R. Fidell Pdf

"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.