Download or read book Legal Issues Surrounding the Military Commissions System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Legal Issues Regarding Military Commissions and the Trial of Detainees for Violations of the Law of War written by United States Senate and published by . This book was released on 2019-10-07 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal issues regarding military commissions and the trial of detainees for violations of the law of war: hearing before the Committee on Armed Services, United States Senate, One Hundred Eleventh Congress, first session, July 7, 2009.
Download or read book Legal Issues Regarding Military Commissions and the Trial of Detainees for Violations of the Law of War written by United States. Congress. Senate. Committee on Armed Services and published by . This book was released on 2009 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Issues Surrounding the Military Commissions System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proposals for Reform of the Military Commissions System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Department of Defense Rules for Military Commissions Analysis of Procedural Rules and Comparison With Proposed Legislation and the Uniform Code of Military Justice written by and published by . This book was released on 2004 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Department of Defense recently announced it has filed formal charges against two of the detainees held at the U.S. Naval Station at Guantanamo Bay, Cuba in connection with the war against terrorism. The two will likely be tried soon by military commission convened pursuant to President Bush's Military Order (M.O.) of November 13, 2001 pertaining to the detention, treatment, and trial of certain non- citizens in the current war against terrorism. The M.O. has been the focus of intense debate both at home and abroad. Critics argued that the tribunals could violate the rights of the accused under the Constitution as well as international law, thereby undercutting the legitimacy of any verdicts rendered by the tribunals. The Administration has responded by publishing a series of military orders and instructions clarifying some of the details. The procedural aspects of the trials are to be controlled by Military Commission Order No. 1 (M.C.O. No. 1"). The Department of Defense has also released two more orders and nine "Military Commission Instructions," which set forth the elements of some crimes that may be tried, establish guidelines for civilian attorneys, and provide other administrative guidance. These rules have been praised as a significant improvement over what might have been permitted under the M.O., but some argue that the enhancements do not go far enough.
Download or read book Secret Trials and Executions written by Barbara Olshansky and published by Seven Stories Press. This book was released on 2011-01-04 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
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 Report on the Activities of the Committee on the Judiciary of the House of Representatives During the Congress Pursuant to Clause 1 d Rule XI of the Rules of the House of Representatives written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2011 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Military Divorce Handbook written by Mark E. Sullivan and published by American Bar Association. This book was released on 2006 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and comprehensive book will give you exactly what you need to understand and comply with the law. It provides an overview of the provisions for the new Bankruptcy Reform Act including new sanctions provisions in Chapter 7 cases; regulation of attorneys as debt relief agencies; heightened requirements for reaffirmation agreements.
Download or read book Manual for Courts martial United States 1951 written by United States. Department of Defense and published by . This book was released on 1951 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This pamphlet contains a short history of the preparation of the Manual ... together with brief discussions of the legal and legislative considerations involved in the drafting of the book."--Pref.
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
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
Download or read book Legal Issues Regarding Individuals Detained by the Department of Defense as Unlawful Enemy Combatants written by United States. Congress. Senate. Committee on Armed Services and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
