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"--


Military Justice in the Modern Age

Military Justice in the Modern Age

Author: Alison Duxbury

Publisher: Cambridge University Press

Published: 2016-08-04

Total Pages: 447

ISBN-13: 1107042372

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


Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Author: Chris Bray

Publisher: W. W. Norton & Company

Published: 2016-05-17

Total Pages: 300

ISBN-13: 0393243419

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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.


The Armed Forces Officer

The Armed Forces Officer

Author: Richard Moody Swain

Publisher: Government Printing Office

Published: 2017

Total Pages: 216

ISBN-13: 9780160937583

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In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.


Military Rules of Evidence Manual

Military Rules of Evidence Manual

Author: Stephen A. Saltzburg

Publisher: Lexis Law Publishing (Va)

Published: 1997

Total Pages: 1272

ISBN-13:

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Military Rules of Evidence Manual, Fourth Edition is the only publication of its kind available to both military & civilian attorneys that analyzes what the Rules say & mean to judges & counsel in the military justice system. It also serves as an authoritative case finder. Since the Rules became effective in 1980, this book has been cited hundreds of times by the military courts. This Fourth Edition provides notes to virtually every military case that has interpreted or applied the Rules.


Defending America

Defending America

Author: Elizabeth Lutes Hillman

Publisher: Princeton University Press

Published: 2021-02-09

Total Pages: 254

ISBN-13: 0691224269

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From going AWOL to collaborating with communists, assaulting fellow servicemen to marrying without permission, military crime during the Cold War offers a telling glimpse into a military undergoing a demographic and legal transformation. The post-World War II American military, newly permanent, populated by draftees as well as volunteers, and asked to fight communism around the world, was also the subject of a major criminal justice reform. By examining the Cold War court-martial, Defending America opens a new window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, Elizabeth Lutes Hillman demonstrates the criminal consequences of the military's violent mission, ideological goals, fear of homosexuality, and attitude toward racial, gender, and class difference. The records also show that only the most inept, unfortunate, and impolitic of misbehaving service members were likely to be prosecuted. Young, poor, low-ranking, and nonwhite servicemen bore a disproportionate burden in the military's enforcement of crime, and gay men and lesbians paid the price for the armed forces' official hostility toward homosexuality. While the U.S. military fought to defend the Constitution, the Cold War court-martial punished those who wavered from accepted political convictions, sexual behavior, and social conventions, threatening the very rights of due process and free expression the Constitution promised.