Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Author: Chris Bray

Publisher: W. W. Norton & Company

ISBN: 0393243419

Category: History

Page: 400

View: 3726

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.

Court-martial

How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Author: Chris Bray

Publisher: W. W. Norton

ISBN: 9780393243406

Category: History

Page: 398

View: 1721

A timely, provocative account of how military justice has shaped American society since the nation's beginnings.

The 9/11 Commission Report

Final Report of the National Commission on Terrorist Attacks Upon the United States. Authorized Edition

Author: National Commission on Terrorist Attacks upon the United States

Publisher: W. W. Norton & Company

ISBN: 9780393060416

Category: History

Page: 604

View: 3073

Provides the final report of the 9/11 Commission detailing their findings on the September 11 terrorist attacks.

War Stuff

The Struggle for Human and Environmental Resources in the American Civil War

Author: Joan E. Cashin

Publisher: Cambridge University Press

ISBN: 1108351980

Category: History

Page: N.A

View: 9881

In this path-breaking work on the American Civil War, Joan E. Cashin explores the struggle between armies and civilians over the human and material resources necessary to wage war. This war 'stuff' included the skills of white Southern civilians, as well as such material resources as food, timber, and housing. At first, civilians were willing to help Confederate or Union forces, but the war took such a toll that all civilians, regardless of politics, began focusing on their own survival. Both armies took whatever they needed from human beings and the material world, which eventually destroyed the region's ability to wage war. In this fierce contest between civilians and armies, the civilian population lost. Cashin draws on a wide range of documents, as well as the perspectives of environmental history and material culture studies. This book provides an entirely new perspective on the war era.

Military Justice: Cases and Materials

Author: Eugene R. Fidell,Elizabeth L. Hillman,Dwight H. Sullivan

Publisher: LexisNexis

ISBN: 032717837X

Category: Law

Page: 1382

View: 1568

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 unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.

Military Justice

A Guide to the Issues

Author: Lawrence J. Morris

Publisher: ABC-CLIO

ISBN: 0275993663

Category: History

Page: 211

View: 5988

The goal of this book is to provide an overview of the theory and practice of military justice, so that the interested reader-- especially the nonlawyer, but also the practitioner new to military justice-- receives a thorough and balanced overview of the military justice system. The book provides a comprehensive treatment of the current military justice system, enriched by enough history to make current practices understandable and future changes foreseeable. It addresses the system from the standpoint of society, which invests in the military; the command, through which good order and discipline are administered; and those who participate in the trial process.

A Question of Torture

CIA Interrogation, from the Cold War to the War on Terror

Author: Alfred McCoy

Publisher: Metropolitan Books

ISBN: 9781429900683

Category: History

Page: 304

View: 8309

A startling exposé of the CIA's development and spread of psychological torture, from the Cold War to Abu Ghraib and beyond In this revelatory account of the CIA's secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guantánamo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation. Developed at the cost of billions of dollars, the CIA's method combined "sensory deprivation" and "self-inflicted pain" to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim's senses, destroying the basis of personal identity. McCoy follows the years of research—which, he reveals, compromised universities and the U.S. Army—and the method's dissemination, from Vietnam through Iran to Central America. He traces how after 9/11 torture became Washington's weapon of choice in both the CIA's global prisons and in "torture-friendly" countries to which detainees are dispatched. Finally McCoy argues that information extracted by coercion is worthless, making a case for the legal approach favored by the FBI. Scrupulously documented and grippingly told, A Question of Torture is a devastating indictment of inhumane practices that have spread throughout the intelligence system, damaging American's laws, military, and international standing.

The Execution of Private Slovik

Author: William Bradford Huie

Publisher: Westholme Pub Llc

ISBN: 9781594160035

Category: History

Page: 249

View: 8310

The secret story of the only American soldier since 1864 to be shot for desertion.

Treacherous Beauty

Peggy Shippen, the Woman behind Benedict Arnold's Plot to Betray America

Author: Stephen Case,Mark Jacob

Publisher: Rowman & Littlefield

ISBN: 0762787082

Category: History

Page: 288

View: 4666

Histories of the Revolutionary War have long honored heroines such as Betsy Ross, Abigail Adams, and Molly Pitcher. Now, more than two centuries later, comes the first biography of one of the war’s most remarkable women, a beautiful Philadelphia society girl named Peggy Shippen. While war was raging between England and its rebellious colonists, Peggy befriended a suave British officer and then married a crippled revolutionary general twice her age. She brought the two men together in a treasonous plot that nearly turned George Washington into a prisoner and changed the course of the war. Peggy Shippen was Mrs. Benedict Arnold. After the conspiracy was exposed, Peggy managed to convince powerful men like Washington and Alexander Hamilton of her innocence. The Founding Fathers were handicapped by the common view that women lacked the sophistication for politics or warfare, much less treason. And Peggy took full advantage. Peggy was to the American Revolution what the fictional Scarlett O’Hara was to the Civil War: a woman whose survival skills trumped all other values. Had she been a man, she might have been arrested, tried, and executed. And she might have become famous. Instead, her role was minimized and she was allowed to recede into the background—with a generous British pension in hand. In Treacherous Beauty, Mark Jacob and Stephen H. Case tell the true story of Peggy Shippen, a driving force in a conspiracy that came within an eyelashof dooming the American democracy.

The Myth of American Exceptionalism

Author: Godfrey Hodgson

Publisher: N.A

ISBN: 9780300125702

Category: History

Page: 221

View: 4602

The idea that the United States is destined to spread its unique gifts of democracy and capitalism to other countries is dangerous for Americans and for the rest of the world, warns Godfrey Hodgson in this provocative book. Hodgson, a shrewd and highly respected British commentator, argues that America is not as exceptional as it would like to think; its blindness to its own history has bred a complacent nationalism and a disastrous foreign policy that has isolated and alienated it from the global community. Tracing the development of America’s high self regard from the early days of the republic to the present era, Hodgson demonstrates how its exceptionalism has been systematically exaggerated and—in recent decades—corrupted. While there have been distinct and original elements in America’s history and political philosophy, notes Hodgson, these have always been more heavily influenced by European thought and experience than Americans have been willing to acknowledge. A stimulating and timely assessment of how America’s belief in its exceptionalism has led it astray, this book is mandatory reading for its citizens, admirers, and detractors.

Sapiens

A Brief History of Humankind

Author: Yuval Noah Harari

Publisher: Harper Collins

ISBN: 0062316109

Category: Science

Page: 464

View: 4373

New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.

The U.S. Naval Institute on Military Justice

Author: Chris Bray

Publisher: Wheel Book

ISBN: 9781682471494

Category: Education

Page: 216

View: 8765

Justice and discipline have shaped the U.S. Navy since the inception of the American republic, in ways the reflect the meaning of citizenship and the culture of the nation. In the early Navy, ordinary sailors were mostly drawn from the lowest socioeconomic classes and brutally disciplined through sheer physical domination by upper-class officers. Flogging was a fairly routine punishment. By the 1970s, naval officers were wondering in public forums if discipline should be managed through non-coercive measures, arguing that sailors should be treated like lawyers or other members of a professional guild. America changed, so naval discipline changed. National politics reached into the Navy. Flogging was banned as a naval punishment because it became a symbol of slavery and an anti-republican model of manhood. Southern, pro-slavery members of Congress voted against a flogging ban introduced by their abolitionist counterparts. Another important reality of naval discipline is that it has revealed the character of leaders in ways they often didn't notice or intend. Bad captains relied on punitive measures to control their crews; in a healthy command culture, fewer sailors requiredpunishment to motivate them to do their jobs. Finally, the post-World War II "civilianization" of naval justice has radically changed the procedural safeguards that protect sailors who face punishment for wrongdoing. But considerable debate continues: How far should civilianization go? How distinct is naval justice, and how much should it be set apart from the norms and expectations of civilian justice? In readings selected from Navy and Marine Corps leaders with direct experience in the naval justice system, this book shows how the Navy court-martial has changed over the decades, and how it hasn't, revealing the purpose and meaning of justice and discipline in the American sea services.

The End of America

Letter of Warning to a Young Patriot

Author: Naomi Wolf

Publisher: Chelsea Green Publishing

ISBN: 1603580115

Category: Political Science

Page: 176

View: 3343

In a stunning indictment of the Bush administration and Congress, best-selling author Naomi Wolf lays out her case for saving American democracy. In authoritative research and documentation Wolf explains how events of the last six years parallel steps taken in the early years of the 20th century’s worst dictatorships such as Germany, Russia, China, and Chile. The book cuts across political parties and ideologies and speaks directly to those among us who are concerned about the ever-tightening noose being placed around our liberties. In this timely call to arms, Naomi Wolf compels us to face the way our free America is under assault. She warns us–with the straight-to-fellow-citizens urgency of one of Thomas Paine’s revolutionary pamphlets–that we have little time to lose if our children are to live in real freedom. “Recent history has profound lessons for us in the U.S. today about how fascist, totalitarian, and other repressive leaders seize and maintain power, especially in what were once democracies. The secret is that these leaders all tend to take very similar, parallel steps. The Founders of this nation were so deeply familiar with tyranny and the habits and practices of tyrants that they set up our checks and balances precisely out of fear of what is unfolding today. We are seeing these same kinds of tactics now closing down freedoms in America, turning our nation into something that in the near future could be quite other than the open society in which we grew up and learned to love liberty,” states Wolf. Wolf is taking her message directly to the American people in the most accessible form and as part of a large national campaign to reach out to ordinary Americans about the dangers we face today. This includes a lecture and speaking tour, and being part of the nascent American Freedom Campaign, a grassroots effort to ensure that presidential candidates pledge to uphold the constitution and protect our liberties from further erosion. The End of America will shock, enrage, and motivate–spurring us to act, as the Founders would have counted on us to do in a time such as this, as rebels and patriots–to save our liberty and defend our nation.

Modern Military Justice, Cases and Materials

Author: Gregory Maggs,Lisa Schenck

Publisher: West Academic Publishing

ISBN: 9781634598279

Category:

Page: 724

View: 8988

This textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience. The Second Edition includes five new cases and addresses new legislation concerning special victims counsel; preliminary hearings; the role of commanders in referring and reviewing charges; mandatory minimum sentences for conviction of certain sex offenses; the offense of sodomy; and the good soldier defense.

Emancipation, the Union Army, and the Reelection of Abraham Lincoln

Author: Jonathan W. White

Publisher: LSU Press

ISBN: 0807154598

Category: History

Page: 296

View: 9783

The Union army's overwhelming vote for Abraham Lincoln's reelection in 1864 has led many Civil War scholars to conclude that the soldiers supported the Republican Party and its effort to abolish slavery. In Emancipation, the Union Army, and the Reelection of Abraham Lincoln Jonathan W. White challenges this reigning paradigm in Civil War historiography, arguing instead that the soldier vote in the presidential election of 1864 is not a reliable index of the army's ideological motivation or political sentiment. Although 78 percent of the soldiers' votes were cast for Lincoln, White contends that this was not wholly due to a political or social conversion to the Republican Party. Rather, he argues, historians have ignored mitigating factors such as voter turnout, intimidation at the polls, and how soldiers voted in nonpresidential elections in 1864. While recognizing that many soldiers changed their views on slavery and emancipation during the war, White suggests that a considerable number still rejected the Republican platform, and that many who voted for Lincoln disagreed with his views on slavery. He likewise explains that many northerners considered a vote for the Democratic ticket as treasonous and an admission of defeat. Using previously untapped court-martial records from the National Archives, as well as manuscript collections from across the country, White convincingly revises many commonly held assumptions about the Civil War era and provides a deeper understanding of the Union Army.

We the People, Volume 3

The Civil Rights Revolution

Author: Bruce Ackerman

Publisher: Harvard University Press

ISBN: 067441649X

Category: Law

Page: 432

View: 3792

The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.

The Wretched of the Earth

Author: Frantz Fanon

Publisher: Grove/Atlantic, Inc.

ISBN: 9780802198853

Category: Political Science

Page: 320

View: 5650

Frantz Fanon was one of the twentieth century’s most important theorists of revolution, colonialism, and racial difference, and this, his masterwork, is a classic alongside Orientalism and The Autobiography of Malcolm X. The Wretched of the Earth is a brilliant analysis of the psychology of the colonized and their path to liberation. Bearing singular insight into the rage of colonized peoples and the role of violence in historical change, the book also incisively attacks postindependence disenfranchisement of the masses by the elite on one hand, and intertribal and interfaith animosities on the other. A veritable handbook of social reorganization for leaders of emerging nations, The Wretched of the Earth has had a major impact on civil rights, anticolonialism, and black-consciousness movements around the world. This new translation updates its language for a new generation of readers and its lessons are more vital now than ever.

Why Nations Fail

The Origins of Power, Prosperity, and Poverty

Author: Daron Acemoglu,James A. Robinson

Publisher: Crown Books

ISBN: 0307719227

Category: Business & Economics

Page: 529

View: 4028

An award-winning professor of economics at MIT and a Harvard University political scientist and economist evaluate the reasons that some nations are poor while others succeed, outlining provocative perspectives that support theories about the importance of institutions. Reprint.

The Encyclopaedia Britannica ...

A Dictionary of Arts, Sciences and General Literature ... in Thirty Volumes with New American Supplement

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Encyclopedias and dictionaries

Page: N.A

View: 5365