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Military Commissions Act of 2006

Autor Jennifer K. Elsea
en Limba Engleză Paperback – 30 sep 2008
This book provides a background and analysis comparing military commissions as envisioned under the MCA to the rules that had been established by the Department of Defense (DOD) for military commissions and to general military courts-martial conducted under the UCMJ. After reviewing the history of the implementation of military commissions in the "global war on terrorism," this book provides an overview of the procedural safeguards provided in the MCA. This book identifies pending legislation, including H.R. 267, H.R. 1585, H.R. 2543, H.R. 2826, S. 1547, S. 1548, H.R. 1416, S. 1876, S. 185, S. 576, S.447, H.R. 1415 and H.R. 2710. Finally, the book provides two tables comparing the MCA with regulations that had been issued by the Department of Defense pursuant to the President's Military Order with standard procedures for general courts-martial under the Manual for Court-Martial. The first table describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards required by the MCA with those that had been incorporated in the DOD regulations and the established procedures in courts-martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals.
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Specificații

ISBN-13: 9781604565355
ISBN-10: 1604565357
Pagini: 90
Ilustrații: tables
Dimensiuni: 232 x 153 x 7 mm
Greutate: 0.18 kg
Ediția:New.
Editura: Nova Science Publishers Inc

Cuprins

Introduction; Military Commissions: General Background; Hamdan v. Rumsfeld; The Military Commissions Act of 2006; 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; Proposed Legislation; Index.