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Author: Jennifer K Elsea Publisher: ISBN: Category : Languages : en Pages :
Book Description
This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 to general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). A summary of the case Rumsfeld v. Hamdan follows, in particular the shortcomings identified by the Supreme Court. The report provides an overview of relevant legislation. Finally, the report provides two charts to compare the regulations issued by the Department of Defense to standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation.
Author: Jennifer K Elsea Publisher: ISBN: Category : Languages : en Pages :
Book Description
This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 to general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). A summary of the case Rumsfeld v. Hamdan follows, in particular the shortcomings identified by the Supreme Court. The report provides an overview of relevant legislation. Finally, the report provides two charts to compare the regulations issued by the Department of Defense to standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
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 proceedings were suspended after a federal district court found one of the defendants could not be tried under the rules established by the Department of Defense. The D.C. Circuit Court of Appeals reversed that decision, Rumsfeld v. Hamdan, but the Supreme Court granted review and reversed the decision of the Court of Appeals. Military commissions will not be able to go forward until the Department of Defense revises its rules to conform with the Supreme Court's Hamdan opinion or Congress approves legislation conferring authority to promulgate rules that depart from the strictures of the Uniform Code of Military Justice (UCMJ) and U.S. international obligations. 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 responded by publishing a series of military orders and instructions clarifying some of the details. The procedural aspects of the trials were published in Military Commission Order No. 1 ("M.C.O. No. 1"). The Department of Defense 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 were praised as a significant improvement over what might have been permitted under the M.O., but some argued that the enhancements do not go far enough, and the Supreme Court held that the amended rules did not comply with the UCMJ. This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. A summary of the Hamdan case follows, in particular the shortcomings identified by the Supreme Court. The report provides an overview of relevant legislation (H.R. 3044, H.R. 3038, and S. 3614). Finally, the report provides two charts to compare the regulations issued by the Department of Defense to standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts-martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and international criminal tribunals.
Author: Jennifer Elsea Publisher: ISBN: Category : Courts-martial and courts of inquiry Languages : en Pages : 67
Book Description
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 proceedings were suspended after a federal district court found that one of the defendants could not be tried under the rules established by the Department of Defense (DOD). The D.C. Circuit Court of Appeals reversed that decision in Rumsfeld v. Hamdan, but the Supreme Court granted review and reversed the decision of the Court of Appeals. 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 Uniform Code of Military Justice (UCMJ) and possibly U.S. international obligations. The Department of Defense published regulations to govern future military commissions pursuant to the MCA, but trials have not yet commenced. This report provides a background and analysis comparing military commissions as envisioned under the MCA to the rules that had been established by the DOD for military commissions and to general military courts-martial conducted under the UCMJ. After reviewing the history of the implementation of military commissions in the "global war on terrorism," the report provides an overview of the procedural safeguards to be implemented pursuant to the MCA. Finally, the report provides two tables comparing the MCA with regulations that had been issued by the DOD pursuant to the President's Military Order with standard procedures for general courts-martial under the Manual for Courts-Martial. The first table describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart compares procedural safeguards required by the MCA with those that had been incorporated in the DOD regulations and the established procedures in courts-martial.
Author: United States Government US Army Publisher: CreateSpace ISBN: 9781481855112 Category : Languages : en Pages : 186
Book Description
The Military Commission Act of 2006 ("M.C.A.") and the Manual for Military Commissions ("M.M.C.") provide guidance, rules, and procedures for trial by military commissions. This Regulation for Trial by Military Commissions will facilitate the effective and efficient day-to-day functioning of military commissions by implementing the provisions of the M.C.A. and the M.M.C.. This Regulation applies to trials by military commission under Chapter 47A of Title 10, United States Code.
Author: Jennifer Elsea Publisher: Nova Science Publishers ISBN: 9781604565355 Category : Detention of persons Languages : en Pages : 0
Book Description
This book provides a background and analysis comparing military commissions as envisioned under the MCA to the rules that had been established by the Department of Defense (DOD) for military commissions and to general military courts-martial conducted under the UCMJ. After reviewing the history of the implementation of military commissions in the "global war on terrorism," this book provides an overview of the procedural safeguards provided in the MCA. This book identifies pending legislation, including H.R. 267, H.R. 1585, H.R. 2543, H.R. 2826, S. 1547, S. 1548, H.R. 1416, S. 1876, S. 185, S. 576, S.447, H.R. 1415 and H.R. 2710. Finally, the book provides two tables comparing the MCA with regulations that had been issued by the Department of Defense pursuant to the President's Military Order with standard procedures for general courts-martial under the Manual for Court-Martial. The first table describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards required by the MCA with those that had been incorporated in the DOD regulations and the established procedures in courts-martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
After reviewing the history of the implementation of military commissions in the "global war on terrorism," the report provides an overview of the procedural safeguards to be implemented pursuant to the MCA. [...] He challenged the lawfulness of the military commission under the UCMJ19 and claimed the right to be treated as a prisoner of war under the Geneva Conventions.20. [...] The Military Commissions Act of 2006 In response to the Hamdan decision, Congress enacted the Military Commissions Act of 2006 ("MCA") to grant the President express authority to convene military commissions to prosecute those fitting the definition under the MCA of "alien unlawful enemy combatants.". [...] Procedures for assigning military judges as well as the particulars regarding the duties they are to perform are left to the Secretary of Defense to prescribe, except that the military judge may not be permitted to consult with members of the panel outside of the presence of the accused and counsel except as prescribed in 10 U.S. [...] The military judge has the authority to decide matters related to the admissibility of evidence, including the treatment of classified information, but has no authority to compel the government to produce classified information.
Author: Jennifer K. Elsea Publisher: DIANE Publishing ISBN: 1437934161 Category : Law Languages : en Pages : 56
Book Description
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.
Author: Jennifer K Elsea
Author: Jennifer K Elsea![Peri'med [-] Tasehenbuch PDF](https://books.google.com/books/content/images/frontcover/ENzZjwEACAAJ?fife=w80-h100)
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Author: Jennifer Elsea
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Author: Jennifer Elsea
Author: United States Government US Army
Author: Jennifer Elsea
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Author: United States. Congress. House. Committee on Armed Services
Author: Jennifer K. Elsea