Military Justice: Cases and MaterialsMilitary 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 | |
Other editions - View all
Military Justice: Cases and Materials Eugene R. Fidell,Elizabeth L. Hillman,Dwight H. Sullivan Limited preview - 2012 |
Common terms and phrases
accused accused’s action Air Force alleged appellant appellant’s applicant applicant’s Appointments Clause armed forces Army arrest Article attorney charges civilian defense counsel Clause client Code of Military Colonel Davis commanding officer committed conflict Congress constitutional convening authority conviction Court of Appeals crime decision detainees detention disciplinary discipline disqualified DuBay evidence fact federal Goodwater Government imposed investigating officer issue JAG’s Judge Advocate judge’s judicial jurisdiction laws of war lawyer MAJ CW Major Manual for Courts-Martial martial military commissions military courts military judge military justice system military law nonjudicial punishment NOTES AND QUESTIONS offenses opinion person petitioner pretrial procedures proceedings prosecution prosecutor reasonable recusal regulations responsibility right to counsel sentence Sixth Amendment soldiers special court-martial speedy trial status summary court-martial Supreme Court trial by court-martial trial counsel tribunal UCMJ Uniform Code United United Kingdom unlawful command influence violation voir dire war crimes witnesses