Military Justice: Cases and Materials

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LexisNexis, 2011 - Courts-martial and courts of inquiry - 1327 pages
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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
 

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Contents

CONTEXTS
OBJECTIVES
Notes and Questions
THE ROLE OF THE COMMANDER
IMPROPER INFLUENCE OVER PROCEEDINGS
SUMMARY DISCIPLINE
PROFESSIONAL RESPONSIBILITY
JUDICIAL CONDUCT
JUDICIAL INDEPENDENCE
THE MILITARY JURY
SPEEDY AND PUBLIC TRIAL
EVIDENCE
POLYGRAPH RESULTS
HEARSAY
PUNISHMENT
ADMINISTRATIVE SANCTIONS AND COLLATERAL

JURISDICTION OVER THE PERSON
JURISDICTION OVER THE OFFENSE
MILITARY CRIMES
MILITARY DEFENSES
FREEDOM OF SPEECH AND CONSCIENCE
RIGHTS OF ASSOCIATION AND IDENTITY
REVIEW AND APPEAL
MILITARY JUSTICE IN OPERATIONAL
MILITARY COMMISSIONS
LAW REFORM AND GLOBALIZATION
INDEX
Copyright

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About the author (2011)

Elizabeth Lutes Hillman is Associate Professor of Law at Rutgers School of Law, Camden. A veteran of the United States armed forces, she previously taught history at the United States Air Force Academy and at Yale University.

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