By Eugene R. Fidell
You cannot deal with the reality. those iconic phrases, bellowed via Jack Nicholson as Colonel Jessup within the 1992 motion picture A Few stable Men, grew to become a symbol of the clash among honor and fact that the collective mind's eye usually considers the quintessence of army justice. the army is the infrequent a part of modern society that enjoys the privilege of policing its personal participants' habit, with distinctive courts and a separate physique of principles. even if one is for or in contrast process, army trials are attention-grabbing and little understood. This publication opens a window at the army judicial approach, providing an available and balanced evaluation of the strengths and weaknesses of army felony regimes world wide. It illuminates US army justice via a comparability with civilian and overseas types for the management of justice, with a specific emphasis at the united kingdom and Canadian army justice systems.
Drawing on his adventure as a serving officer, deepest practitioner, and legislations professor, Eugene R. Fidell offers a hard-hitting journey of the sphere, exploring army justice tendencies throughout diversified international locations and compliance (or lack thereof) with modern human rights criteria.
He digs into severe concerns akin to the reaction to sexual attack within the militia, the demanding situations of defending judicial independence, and the impression of social media and sleek know-how on age-old traditions of army self-discipline. A wealthy sequence of case experiences, starting from examples of misconduct, akin to the devastating Abu Ghraib images, to political tangles, comparable to the Guantánamo army commissions, throw mild at the excessive profile and sometimes vague situations that emerge from modern-day army operations around the globe. As Fidell's account indicates, via knowing the mechanism of army justice we will be able to larger understand the political values of a country.
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Extra info for Military justice: a very short introduction
At times the United States has had tens of thousands of defense contractor employees working in Afghanistan and Iraq. Whether those employees were very law abiding, or their offenses never came to light, or the government employed great selectivity in exercising its jurisdiction under the revised code provision— whatever the explanation, there have been no further prosecutions, but the statute remains available should the need arise. Military Justice The UK and Canada also permit military trial of civilians in narrow circumstances.
The ultimate extension of court-martial jurisdiction is found in countries that employ courts-martial or other military tribunals to prosecute civilians with no connection whatever to the military. Military Justice Many countries, including the UK, have long had laws on the books that give the military what might be called “tail jurisdiction” over people after they leave the service. Typically, these laws permit court-martialing these veterans for a fixed period after their discharge. Six months is a common period, and a variety of countries that follow British military legal traditions use that benchmark.
26 Chapter 3 Who is subject to trial by court-martial? Two questions are basic to military justice: who can be brought to trial in a military court, and for what? In the civilian world, who is subject to criminal trial is typically entirely clear: everyone. Whichever sovereign has responsibility for a particular piece of territory can prosecute anyone who is present, whether that person is a citizen, a permanent resident, or simply a tourist. Around the edges, there may be some exceptions, such as foreign diplomats (who can claim diplomatic immunity) or personnel of other countries’ armed forces (who may effectively enjoy immunity under Status of Forces Agreements).
Military justice: a very short introduction by Eugene R. Fidell