Martial Justice

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 military justice system (MJS) comprises the body of law that governs the disciplinary processes within the three Services. It is important to have a separate justice system to ensure that wherever in the world a serviceman is, if he commits a crime or a disciplinary infraction, he knows he will be dealt with according to military law. The prosecution of civilians subject to Service discipline and young offenders is also included. Until 2006, each Service had its own disciplinary system and disciplinary act. The Armed Forces Act 2006 introduced a uniform system for the three Services, harmonizing the offences and methods of disposal. This was an enormous undertaking, which has been largely successful. The legislation still remains a complex area, which is daunting to those who are unfamiliar with the system. This handbook attempts to cover the key provisions. To make the task of advising clients a little easier, by “speaking the same language,” a useful list is included of some common acronyms used in the Services. Bearing in mind the volume of law and regulation, this book is principally designed to give some useful background information about the Service disciplinary system and provide an insight into the main offences charged at summary hearing and court martial. It is a sort of “road map” of the military justice system, which complements the excellent Manual of Service Law and Judge Advocate General’s guidance.

In the criminal law system, some basic objectives are to discover the truth, acquit the innocent without unnecessary delay or expense, punish the guilty proportionately with their crimes, and prevent and deter further crime, thereby providing for the public order. Military justice shares these objectives in part, but also serves to enhance discipline throughout the Armed Forces, serving the overall objective of providing an effective national defense. Contents of this report: Intro.; Military Courts-Martial: Jurisdiction; Types of Offenses; Investigation; Types of Courts-Martial: Summary Courts-Martial; Special Courts-Martial; General Courts-Martial; Post-Trial Review; Appellate Review; Selected Procedural Safeguards. Illus. This is a print on demand report.

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

"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.