Evolving Military Justice

Evolving Military Justice

Author: Eugene R. Fidell

Publisher: US Naval Institute Press

Published: 2002

Total Pages: 0

ISBN-13: 9781557502926

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For decades, debate has raged over whether the military justice system is foremost a tool to preserve discipline within the armed forces or a means of dispensing justice on a par with civilian criminal justice systems. From the dawn of American military law in 1775 through World War II, the answer was obvious: military justice was primarily a tool commanders used to maintain discipline. In 1950, however, Congress enacted the Uniform Code of Military Justice. Through amendments over the past half century, the American military justice system has evolved into what it is today: not quite a mirror image of the civilian federal criminal justice system, but vastly more fair than in the days of drumhead courts and the lash, according to the authors, both practicing attorneys and former military officers. Their book scrutinizes the current military justice system, identifying its strengths and weaknesses and pointing the way toward further improvements. Included are essays written about the American military justice system over the past decade by such notable authorities as Sam Nunn, former Senator from Georgia; Andrew S. Effron, Judge of the United States Court of Appeals for the Armed Forces; and Brig. Gen. Jerry S.T. Pitzul, Judge Advocate General of the Canadian Forces. Some defend military justice, while others are critical. The book then shifts its focus overseas to compare the U.S. system with those of several other common law countries. Designed to provoke thought about military justice among military justice practitioners and military line officers alike, the book is introduced with an essay by William K. Suter, Clerk of the U.S. Supreme court.


Book Synopsis Evolving Military Justice by : Eugene R. Fidell

Download or read book Evolving Military Justice written by Eugene R. Fidell and published by US Naval Institute Press. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, debate has raged over whether the military justice system is foremost a tool to preserve discipline within the armed forces or a means of dispensing justice on a par with civilian criminal justice systems. From the dawn of American military law in 1775 through World War II, the answer was obvious: military justice was primarily a tool commanders used to maintain discipline. In 1950, however, Congress enacted the Uniform Code of Military Justice. Through amendments over the past half century, the American military justice system has evolved into what it is today: not quite a mirror image of the civilian federal criminal justice system, but vastly more fair than in the days of drumhead courts and the lash, according to the authors, both practicing attorneys and former military officers. Their book scrutinizes the current military justice system, identifying its strengths and weaknesses and pointing the way toward further improvements. Included are essays written about the American military justice system over the past decade by such notable authorities as Sam Nunn, former Senator from Georgia; Andrew S. Effron, Judge of the United States Court of Appeals for the Armed Forces; and Brig. Gen. Jerry S.T. Pitzul, Judge Advocate General of the Canadian Forces. Some defend military justice, while others are critical. The book then shifts its focus overseas to compare the U.S. system with those of several other common law countries. Designed to provoke thought about military justice among military justice practitioners and military line officers alike, the book is introduced with an essay by William K. Suter, Clerk of the U.S. Supreme court.


Military Justice: A Very Short Introduction

Military Justice: A Very Short Introduction

Author: Eugene R. Fidell

Publisher: Oxford University Press

Published: 2016-09-01

Total Pages: 160

ISBN-13: 0199303509

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"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.


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

Download or read book Military Justice: A Very Short Introduction written by Eugene R. Fidell and published by Oxford University Press. This book was released on 2016-09-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 Courts, Civil-military Relations, and the Legal Battle for Democracy

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

Author: Brett J. Kyle

Publisher:

Published: 2020-12-23

Total Pages: 244

ISBN-13: 9780367029944

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"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 courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--


Book Synopsis Military Courts, Civil-military Relations, and the Legal Battle for Democracy by : Brett J. Kyle

Download or read book Military Courts, Civil-military Relations, and the Legal Battle for Democracy written by Brett J. Kyle and published by . This book was released on 2020-12-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--


The Supreme Court and Military Justice

The Supreme Court and Military Justice

Author: Jonathan Lurie

Publisher: CQ Press

Published: 2013-09-10

Total Pages: 0

ISBN-13: 9780872899742

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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.


Book Synopsis The Supreme Court and Military Justice by : Jonathan Lurie

Download or read book The Supreme Court and Military Justice written by Jonathan Lurie and published by CQ Press. This book was released on 2013-09-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Manual for Courts-Martial United States (2024 Edition)

Manual for Courts-Martial United States (2024 Edition)

Author: Us Military Justice

Publisher: Stanfordpub.com

Published: 2024-02-05

Total Pages: 0

ISBN-13: 9781998050062

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The "Manual for Courts-Martial, United States (2024 Edition)" is a comprehensive and updated legal document used within the United States military justice system. The main chapters and sections outlined in these pages are as follows: Preface: Explains the updates and amendments made to the manual, including changes from Executive Orders and National Defense Authorization Acts from 2019 to 2023. Table of Contents: Part I: Preamble includes the sources of military jurisdiction, the exercise of military jurisdiction, the nature and purpose of military law, the evolving military justice system, and the structure and application of the Manual for Courts-Martial. Part II: Rules for Courts-Martial, Chapter I: General Provisions covers the scope, purpose, definitions, rules of construction, and other foundational aspects of military courts-martial. Chapter II: Jurisdiction outlines the general aspects of jurisdiction in military courts, including the nature, requisites, and types of jurisdiction, as well as the jurisdiction over persons and offenses. Chapter III: Initiation of Charges; Apprehension; Pretrial Restraint; Related Matters details the procedures and rules governing the initiation of charges, the apprehension of suspects, pretrial restraints, and other related processes. The document represents a vital resource for understanding the procedures, rules, and regulations governing the United States military justice system. For a complete and detailed understanding, it is recommended to review the full document.


Book Synopsis Manual for Courts-Martial United States (2024 Edition) by : Us Military Justice

Download or read book Manual for Courts-Martial United States (2024 Edition) written by Us Military Justice and published by Stanfordpub.com. This book was released on 2024-02-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Manual for Courts-Martial, United States (2024 Edition)" is a comprehensive and updated legal document used within the United States military justice system. The main chapters and sections outlined in these pages are as follows: Preface: Explains the updates and amendments made to the manual, including changes from Executive Orders and National Defense Authorization Acts from 2019 to 2023. Table of Contents: Part I: Preamble includes the sources of military jurisdiction, the exercise of military jurisdiction, the nature and purpose of military law, the evolving military justice system, and the structure and application of the Manual for Courts-Martial. Part II: Rules for Courts-Martial, Chapter I: General Provisions covers the scope, purpose, definitions, rules of construction, and other foundational aspects of military courts-martial. Chapter II: Jurisdiction outlines the general aspects of jurisdiction in military courts, including the nature, requisites, and types of jurisdiction, as well as the jurisdiction over persons and offenses. Chapter III: Initiation of Charges; Apprehension; Pretrial Restraint; Related Matters details the procedures and rules governing the initiation of charges, the apprehension of suspects, pretrial restraints, and other related processes. The document represents a vital resource for understanding the procedures, rules, and regulations governing the United States military justice system. For a complete and detailed understanding, it is recommended to review the full document.


Military Justice in the Modern Age

Military Justice in the Modern Age

Author: Alison Duxbury

Publisher:

Published: 2016

Total Pages: 415

ISBN-13: 9781316548127

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


Book Synopsis Military Justice in the Modern Age by : Alison Duxbury

Download or read book Military Justice in the Modern Age written by Alison Duxbury and published by . This book was released on 2016 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.


The Evolution of Operational Art

The Evolution of Operational Art

Author: G. S. Isserson

Publisher:

Published: 2013

Total Pages: 111

ISBN-13: 9780989137232

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Book Synopsis The Evolution of Operational Art by : G. S. Isserson

Download or read book The Evolution of Operational Art written by G. S. Isserson and published by . This book was released on 2013 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Military Justice

Military Justice

Author: Eugene R. Fidell

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9781422498613

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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


Book Synopsis Military Justice by : Eugene R. Fidell

Download or read book Military Justice written by Eugene R. Fidell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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


An Abridgment of Military Law (1901)

An Abridgment of Military Law (1901)

Author: William Winthrop

Publisher:

Published: 2008-08-01

Total Pages: 488

ISBN-13: 9781437007299

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This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.


Book Synopsis An Abridgment of Military Law (1901) by : William Winthrop

Download or read book An Abridgment of Military Law (1901) written by William Winthrop and published by . This book was released on 2008-08-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.