Modern Military Justice

Modern Military Justice
Author: Gregory E. Maggs
Publisher:
Total Pages: 0
Release: 2015
Genre: Courts-martial and courts of inquiry
ISBN: 9781634598279

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.

Military Justice in the Modern Age

Military Justice in the Modern Age
Author: Alison Duxbury
Publisher: Cambridge University Press
Total Pages: 447
Release: 2016-08-04
Genre: History
ISBN: 1107042372

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

Military Justice

Military Justice
Author: Eugene Fidell
Publisher:
Total Pages: 0
Release: 2023-09-30
Genre:
ISBN: 9781531026714

Carolina Academic Press is excited to offer the fourth edition of Military Justice: Cases and Materials. As with the prior editions, the book offers a rich and up-to-the-minute collection of sources on an important subject. The internationally-known expert authors stress the basics of the American military justice system, including the application of constitutional rights, the surprising and controversial scope of subject matter and personal jurisdiction of courts-martial, the role of commanders in the administration of military justice, military juries, and the recent dramatic changes Congress has adopted to increase public confidence in the military justice system, especially in light of continuing broad concern about sexual offenses in the armed forces. Timely topics such as the military death penalty, the persistent problem of unlawful command influence, professional responsibility, and judicial independence are explored, as are the Guantánamo military commissions and their historic antecedents. An important chapter focuses on summary proceedings, which account for the lion's share of American military justice but have historically received little attention. Another focuses on the avenues available for appellate and collateral review of courts-martial, including raising the important question of whether a specialized appellate court for military cases is warranted. Adding to the rich domestic materials, the fourth edition includes comparative materials from foreign jurisdictions that, like the United States, seek to balance the need for disciplined armed forces and the demands of justice. The authors have included the full text of the "Yale Draft" update of the draft UN Principles Governing the Administration of Justice Through Military Tribunals, so students can have a sense of how the American military justice system fares in light of contemporary human rights standards.

Military Justice

Military Justice
Author: Lawrence J. Morris
Publisher: Bloomsbury Publishing USA
Total Pages: 225
Release: 2010-02-26
Genre: History
ISBN: 1573567531

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).

Military Justice in the Modern Age

Military Justice in the Modern Age
Author: Alison Duxbury
Publisher: Cambridge University Press
Total Pages: 447
Release: 2016-08-04
Genre: Political Science
ISBN: 1316546144

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

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:
Total Pages: 244
Release: 2020-12-23
Genre: Courts-martial and courts of inquiry
ISBN: 9780367029944

"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"--

Redefining the Modern Military

Redefining the Modern Military
Author: Nathan Finney
Publisher: Naval Institute Press
Total Pages: 234
Release: 2018-10-15
Genre: Political Science
ISBN: 1682473643

This edited collection will expand upon and refine the ideas on the role of ethics and the profession in the 21st century. The authors delve into whether Samuel Huntington and Morris Janowitz still ring true in the 21st century; whether training and continuing education play a role in defining a profession; and if there is a universal code of ethics required for the military as a profession. Redefining the Modern Military is unique in how it treats the subject of ethics and the military profession, as well as the types of writers it brings on board to address this topic. The book puts a significant emphasis on individual agency for military professionalism as opposed to broad organizational or cultural change. Such a review of these topics is necessary because the process of serious, intellectual self-reflection is a requirement--especially in a profession that involves life and death of people and nations.

Military Justice

Military Justice
Author: Eugene R. Fidell
Publisher: Oxford University Press
Total Pages: 156
Release: 2016
Genre: History
ISBN: 0199303495

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.

Military Justice in Vietnam

Military Justice in Vietnam
Author: William Thomas Allison
Publisher:
Total Pages: 258
Release: 2007
Genre: History
ISBN:

A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values--democracy and rule of law--to the Vietnamese.