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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.
"This book deals with four murder cases during World War II, for which fifteen German war prisoners held in camps on American soil were sentenced to death, and fourteen hanged. It emphasizes one case that best illustrates how the War Department interpreted, observed, and violated the Geneva Convention of 1929. It also deals with the War Department's consequent diplomatic and public relations problems and with its attempts to control the prison camps"--Introduction.
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.
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.
Eleven years before Rosa Parks resisted going to the back of the bus, a young black second lieutenant, hungry to fight Nazis in Europe, refused to move to the back of a U.S. Army bus in Texas and found himself court-martialed. The defiant soldier was Jack Roosevelt Robinson, already in 1944 a celebrated athlete in track and football and in a few years the man who would break Major League Baseball’s color barrier. This was the pivotal moment in Jackie Robinson’s pre-MLB career. Had he been found guilty, he would not have been the man who broke baseball’s color barrier. Had the incident never happened, he would’ve gone overseas with the Black Panther tank battalion—and who knows what after that. Having survived this crucible of unjust prosecution as an American soldier, Robinson—already a talented multisport athlete—became the ideal player to integrate baseball. This is a dramatic story, deeply engaging and enraging. It’s a Jackie Robinson story and a baseball story, but it is also an army story as well as an American story.
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.