Military Criminal Justice

Controlling threats to national security has long been the mission of the U.S. military, while civilian law enforcement has dealt with domestic problems of crime, illegal drugs, and internal disorder. This groundbreaking collection argues persuasively that the conventional distinctions between these two forces are becoming blurred and considers the far-reaching consequences of the disquieting trend to militarize the nation's criminal justice system. The contributors examine the historical and current interrelationships between the military and police, illuminating such areas as the ideological similarities between waging real wars and fighting the wars on drugs and crime, the reshaping of the military's role after the end of the Cold War, the rapidly growing influence of advanced military technology in civilian society, and the adaptation of military models such as boot camps and SWAT teams in policing and corrections. As the lines between the military industrial complex and the criminal justice enterprise become ever more clouded, this work provides a much-needed evaluation of the thorny issues, dangers, and public policy ramifications raised by the entanglement between militari

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

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 book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

The first serious investigation of criminal offending by members of the British armed forces both during and immediately after the two world wars of the twentieth century.