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Court Martial How Military Justice Has Shaped America From The Revolution To 9 11 And Beyond

Author: Chris Bray
Publisher: W. W. Norton & Company
ISBN: 0393243419
Size: 30.17 MB
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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.

Court Martial

Author: Chris Bray
Publisher: W. W. Norton
ISBN: 9780393243406
Size: 63.91 MB
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A timely, provocative account of how military justice has shaped American society since the nation s beginnings."

War Stuff

Author: Joan E. Cashin
Publisher: Cambridge University Press
ISBN: 1108351980
Size: 27.90 MB
Format: PDF
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In this path-breaking work on the American Civil War, Joan E. Cashin explores the struggle between armies and civilians over the human and material resources necessary to wage war. This war 'stuff' included the skills of white Southern civilians, as well as such material resources as food, timber, and housing. At first, civilians were willing to help Confederate or Union forces, but the war took such a toll that all civilians, regardless of politics, began focusing on their own survival. Both armies took whatever they needed from human beings and the material world, which eventually destroyed the region's ability to wage war. In this fierce contest between civilians and armies, the civilian population lost. Cashin draws on a wide range of documents, as well as the perspectives of environmental history and material culture studies. This book provides an entirely new perspective on the war era.

Military Justice

Author: Lawrence J. Morris
Publisher: ABC-CLIO
ISBN: 0275993663
Size: 49.32 MB
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The goal of this book is to provide an overview of the theory and practice of military justice, so that the interested reader-- especially the nonlawyer, but also the practitioner new to military justice-- receives a thorough and balanced overview of the military justice system. The book provides a comprehensive treatment of the current military justice system, enriched by enough history to make current practices understandable and future changes foreseeable. It addresses the system from the standpoint of society, which invests in the military; the command, through which good order and discipline are administered; and those who participate in the trial process.

Court Martial At Parris Island

Author: John C. Stevens
Publisher: Univ of South Carolina Press
ISBN: 9781570037030
Size: 17.12 MB
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The definitive account of a tragic episode in U.S. Marine Corps history and its aftermath

Military Justice Cases And Materials

Author: Eugene R. Fidell
Publisher: LexisNexis
ISBN: 032717837X
Size: 16.46 MB
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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 unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.

Military Justice

Author: Eugene R. Fidell
Publisher: Oxford University Press
ISBN: 0199303495
Size: 54.39 MB
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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 Guantanamo 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 9 11 Commission Report

Publisher: Government Printing Office
ISBN: 0160891809
Size: 67.65 MB
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This edition has been designated as the only official U.S. Government edition of the 9-11 Commission’s Final Report. It provides a full and complete account of the circumstances surrounding the September 11th, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. It also includes recommendations designed to guard against future attacks.

The U S Naval Institute On Military Justice

Author: Chris Bray
Publisher: Wheel Book
ISBN: 9781682471494
Size: 50.74 MB
Format: PDF, ePub
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Justice and discipline have shaped the U.S. Navy since the inception of the American republic, in ways the reflect the meaning of citizenship and the culture of the nation. In the early Navy, ordinary sailors were mostly drawn from the lowest socioeconomic classes and brutally disciplined through sheer physical domination by upper-class officers. Flogging was a fairly routine punishment. By the 1970s, naval officers were wondering in public forums if discipline should be managed through non-coercive measures, arguing that sailors should be treated like lawyers or other members of a professional guild. America changed, so naval discipline changed. National politics reached into the Navy. Flogging was banned as a naval punishment because it became a symbol of slavery and an anti-republican model of manhood. Southern, pro-slavery members of Congress voted against a flogging ban introduced by their abolitionist counterparts. Another important reality of naval discipline is that it has revealed the character of leaders in ways they often didn't notice or intend. Bad captains relied on punitive measures to control their crews; in a healthy command culture, fewer sailors requiredpunishment to motivate them to do their jobs. Finally, the post-World War II "civilianization" of naval justice has radically changed the procedural safeguards that protect sailors who face punishment for wrongdoing. But considerable debate continues: How far should civilianization go? How distinct is naval justice, and how much should it be set apart from the norms and expectations of civilian justice? In readings selected from Navy and Marine Corps leaders with direct experience in the naval justice system, this book shows how the Navy court-martial has changed over the decades, and how it hasn't, revealing the purpose and meaning of justice and discipline in the American sea services.

Modern Military Justice Cases And Materials

Author: Gregory Maggs
Publisher: West Academic Publishing
ISBN: 9781634598279
Size: 64.32 MB
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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.