Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

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Publisher : DIANE Publishing
ISBN 13 : 1437926452
Total Pages : 27 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court by : Jennifer K. Elsea

Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Attorney General Holder¿s decision to try certain detainees in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by military commission, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. Others have praised the decision as recognizing the efficacy and fairness of the federal court system. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, to the corresponding rules that apply in federal court. Tables.

Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

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Publisher :
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4.:/5 (489 download)

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Book Synopsis Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court by :

Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by and published by . This book was released on 2009 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal court against terrorist suspects arrested in the United States, as well as some terrorist suspects who were taken into U.S. custody abroad but who were not transferred to Guantanamo. The Administration's choice of forums in which to prosecute certain terrorist suspects, including those believed to be associated with Al Qaeda, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.

Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court by : Jennifer Elsea

Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer Elsea and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has opted to bring charges in federal criminal court against terrorist suspects arrested in the United States, as well as some terrorist suspects who were taken into U.S. custody abroad but who were not transferred to Guantanamo. The Administration's choice of forums in which to prosecute certain terrorist suspects, including those believed to be associated with Al Qaeda, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Military Commissions Act of 2009 (MCA 2009)

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Author :
Publisher : CreateSpace
ISBN 13 : 9781508700203
Total Pages : 60 pages
Book Rating : 4.7/5 (2 download)

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Book Synopsis The Military Commissions Act of 2009 (MCA 2009) by : Jennifer K. Elsea

Download or read book The Military Commissions Act of 2009 (MCA 2009) written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2015-06-26 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). 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 UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration.

The Military Justice System

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Military Justice System by : United States. Air Force ROTC.

Download or read book The Military Justice System written by United States. Air Force ROTC. and published by . This book was released on 1962 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Bail Book

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Publisher : Cambridge University Press
ISBN 13 : 1107131367
Total Pages : 331 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Bail Book by : Shima Baradaran Baughman

Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Law's Trials

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Publisher : Cambridge University Press
ISBN 13 : 1108691412
Total Pages : 861 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Law's Trials by : Richard L. Abel

Download or read book Law's Trials written by Richard L. Abel and published by Cambridge University Press. This book was released on 2018-08-09 with total page 861 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the sixteen years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantánamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.

Emergency Presidential Power

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Publisher : University of Wisconsin Pres
ISBN 13 : 0299295338
Total Pages : 376 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis Emergency Presidential Power by : Chris Edelson

Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

In Pursuit of Justice

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Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis In Pursuit of Justice by : Richard B. Zabel

Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

The Air Force Law Review

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Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis The Air Force Law Review by :

Download or read book The Air Force Law Review written by and published by . This book was released on 2011 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guidelines Manual

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Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Guidelines Manual by : United States Sentencing Commission

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1996-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Strengthening Forensic Science in the United States

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Publisher : National Academies Press
ISBN 13 : 0309142393
Total Pages : 348 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Strengthening Forensic Science in the United States by : National Research Council

Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

The Terror Courts

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Publisher : Yale University Press
ISBN 13 : 0300191340
Total Pages : 539 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Terror Courts by : Jess Bravin

Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.

Law and Law Enforcement Issues

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Publisher : Nova Publishers
ISBN 13 : 9781604560442
Total Pages : 430 pages
Book Rating : 4.5/5 (64 download)

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Book Synopsis Law and Law Enforcement Issues by : Gerald M. Kessler

Download or read book Law and Law Enforcement Issues written by Gerald M. Kessler and published by Nova Publishers. This book was released on 2008-02 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents important issues and developments in the law and law enforcement field including both federal and international laws and law enforcement.

Military Commissions Act Of 2009

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Publisher : DIANE Publishing
ISBN 13 : 1437934161
Total Pages : 56 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Military Commissions Act Of 2009 by : Jennifer K. Elsea

Download or read book Military Commissions Act Of 2009 written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-10 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.