Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Attorney General Holder¿s decision to try certain detainees in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by military commission, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. Others have praised the decision as recognizing the efficacy and fairness of the federal court system. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, to the corresponding rules that apply in federal court. Tables.
Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by and published by . This book was released on 2009 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal court against terrorist suspects arrested in the United States, as well as some terrorist suspects who were taken into U.S. custody abroad but who were not transferred to Guantanamo. The Administration's choice of forums in which to prosecute certain terrorist suspects, including those believed to be associated with Al Qaeda, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer Elsea and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal court against terrorist suspects arrested in the United States, as well as some terrorist suspects who were taken into U.S. custody abroad but who were not transferred to Guantanamo. The Administration's choice of forums in which to prosecute certain terrorist suspects, including those believed to be associated with Al Qaeda, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Courts written by Jennifer K., Jennifer Elsea, Legislative Attorney and published by . This book was released on 2012-05-31 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Obama Administration's decision to try certain wartime detainees and other terrorist suspects in federal criminal court while trying others by military commission has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act.
Download or read book Military Commissions Act Of 2009 written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-10 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of military commissions (MC) to try suspected terrorists has been the focus of intense debate and litigation since Pres. Bush in Nov. 2001 issued his original Order authorizing such trials. In May 2009, the Obama Admin. announced that it was considering restarting the MC system with some changes. Contents of this report: MC: Jurisdiction: Personal Jurisdiction; Subject Matter Jurisdiction; Temporal and Spatial Jurisdiction; Composition and Powers; Procedures Accorded the Accused: Open Hearing; Right to be Present; Right to Counsel; Evidentiary Matters: Discovery; Admissibility of Evidence; Coerced Statements; Hearsay; Sentencing; Post-Trial Procedure; Review and Appeal: Protection Against Double Jeopardy.
Download or read book The Air Force Law Review written by and published by . This book was released on 2011 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The 9 11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Download or read book Issues in Peace and Conflict Studies written by CQ Researcher, and published by SAGE Publications. This book was released on 2010-10-12 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do nation-states have a "Responsibility to Protect"? Can countries heal after atrocities? Who should clean up after conflicts end? These questions—and many more—are at the heart of peace and conflict studies. This collection aims to promote in-depth discussion, facilitate further research and help readers formulate their own positions on crucial issues. It is intended to be a supplement for courses in peace and conflict studies that are offered in departments of psychology, sociology, anthropology, political science, and across all social science disciplines. About CQ Researcher Readers In the tradition of nonpartisanship and current analysis that is the hallmark of CQ Press, CQ Researcher readers investigate important and controversial policy issues. Offer your students the balanced reporting, complete overviews, and engaging writing that CQ Researcher has consistently provided for more than 80 years. Each article gives substantial background and analysis of a particular issue as well as useful pedagogical features to inspire critical thinking and to help students grasp and review key material: A pro/con box that examines two competing sides of a single question A detailed chronology of key dates and events An annotated bibliography that includes Web resources An outlook section that addresses possible regulation and initiatives from Capitol Hill and the White House over the next 5 to 10 years Photos, charts, graphs, and maps
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by DIANE Publishing. This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.
Download or read book The Military Justice System written by United States. Air Force ROTC. and published by . This book was released on 1962 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text is designed to give the advanced Air Force ROTC student an over-all view of the military justice system, of how it operates in the Air Force, and of the general responsibilities of those in 'authority or command' who must administer the system. And, above all, it is hoped that the text will engender a feeling that military justice is directly, intimately, and essentially concerned with human conduct - rather than with arbitrary rules, legalistic distinctions, and inflexible classifications"--Pref.
Download or read book Issues in Terrorism and Homeland Security written by CQ Researcher, and published by SAGE. This book was released on 2010-09-21 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the tradition of nonpartisanship and current analysis that is the hallmark of CQ Press, CQ Researcher readers investigate important and controversial policy issues. The Second Edition of Issues in Terrorism and Homeland Security covers timely issues such as Terrorism and the Internet, Homeland Security, Interrogating the CIA, and Prosecuting Terrorists. Each article is engaging and reader-friendly, and opens with a human interest story that will spark the interest of students. In addition, each article gives substantial background and analysis of a particular issue as well as useful pedagogical features to inspire critical thinking and to help students grasp and review key material. Offer your students the balanced reporting, complete overviews, and engaging writing that CQ Researcher has consistently provided for more than 80 years. This text is an ideal supplementary textbook for upper-division undergraduate and graduate courses on Terrorism, Homeland Security, and U.S. National Security. New To This Edition: Includes six new articles on the following topics: Terrorism and the Internet Hate Groups Human Rights Issues Homeland Security Interrogating the CIA Prosecuting Terrorists Key Features: Pro/con box that examines two competing sides of a single question A detailed chronologies of key dates and events An annotated bibliography and web resources Outlook sections that address possible regulation and initiatives from Capitol Hill and the White House over the next 5 to 10 years Photos, charts, graphs, and maps
Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Download or read book The Military Commissions Act of 2009 MCA 2009 written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2015-06-26 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration.
Download or read book The Intersection of Law and War written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2012 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2018-11-26 with total page 1858 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues for Debate in American Public Policy written by The CQ Researcher and published by CQ Press. This book was released on 2017-03-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of non-partisan reports written by award-winning CQ Researcher journalists focuses on provocative current policy issues. As an annual publication that comes together just months before it goes to press, the volume is all new and as up-to-date as possible. And because it’s CQ Researcher, the policy reports are expertly researched and written, showing all sides of an issue. Chapters follow a consistent organization—exploring three issue questions, then offering background, current context, and a look ahead—and feature a pro/con debate box. All issues include a chronology, bibliography, photos, charts, and figures.
