Author: Chris Bray
Publisher: W. W. Norton & Company
ISBN: 0393243419
Category : History
Languages : en
Pages : 300
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Book Description
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.
Author: Brett J. Kyle
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244
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Book Description
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
Author: William Thomas Allison
Publisher:
ISBN:
Category : History
Languages : en
Pages : 258
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Book Description
A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values--democracy and rule of law--to the Vietnamese.
Author: Louis Fisher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 308
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Book Description
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Author: Elizabeth Lutes Hillman
Publisher: Princeton University Press
ISBN: 0691224269
Category : History
Languages : en
Pages : 254
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Book Description
From going AWOL to collaborating with communists, assaulting fellow servicemen to marrying without permission, military crime during the Cold War offers a telling glimpse into a military undergoing a demographic and legal transformation. The post-World War II American military, newly permanent, populated by draftees as well as volunteers, and asked to fight communism around the world, was also the subject of a major criminal justice reform. By examining the Cold War court-martial, Defending America opens a new window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, Elizabeth Lutes Hillman demonstrates the criminal consequences of the military's violent mission, ideological goals, fear of homosexuality, and attitude toward racial, gender, and class difference. The records also show that only the most inept, unfortunate, and impolitic of misbehaving service members were likely to be prosecuted. Young, poor, low-ranking, and nonwhite servicemen bore a disproportionate burden in the military's enforcement of crime, and gay men and lesbians paid the price for the armed forces' official hostility toward homosexuality. While the U.S. military fought to defend the Constitution, the Cold War court-martial punished those who wavered from accepted political convictions, sexual behavior, and social conventions, threatening the very rights of due process and free expression the Constitution promised.
Author: Francine Hirsch
Publisher:
ISBN: 0199377936
Category : History
Languages : en
Pages : 561
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Book Description
The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice. Stalin's Show Trials of the 1930s had both provided a model for Nuremberg and made a mockery of it, undermining any pretense of fairness and justice. Further complicating matters was the fact that the Soviets had allied with the Nazis before being invaded by them. The Molotov-Ribbentrop Pact of 1939 hung over the courtroom, as did the fact that the everyone knew that the Soviet prosecution had presented the court with falsified evidence about the Katyn massacre of Polish officers, attempting to pin one of their own major war crimes on the Nazis. For lead American prosecutor Robert Jackson and his colleagues, focusing too much on the Soviet role in the trials threatened the overall credibility of the IMT and possibly even the collective memory of the war. Soviet Justice at Nuremberg illuminates the ironies of Stalin's henchmen presiding in moral judgment over the Nazis. In effect, the Nazis had learned mass-suppression and mass-murder techniques from the Soviets, their former allies, and now the latter were judging them for crimes they had themselves committed. Yet the Soviets had borne the brunt of the fighting--and the losses--in World War II, and this gave them undeniable authority. Moreover, Soviet jurists were the first to conceive of a legal framework for viewing war as a crime, and without that framework the IMT would have had no basis. In short, there would be no denying their place at the tribunal, nor their determination to make the most of it. Illuminating the shifting relationships between the four countries involved (the U.S., Great Britain, France, and the U.S.S.R.) Hirsch's book shows how each was not just facing off against the Nazi defendants, but against each other and offers a new history of Nuremberg.
Author: James C. Neagles
Publisher: Ancestry.com
ISBN:
Category : History
Languages : en
Pages : 316
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Book Description
Summer Soldiers is the story of a diverse group of some 3,315 men who could not withstand the hardships and pressures of what seemed like a hopeless enterprise, and ultimately found themselves before a military court-martial.
Author: Alison Duxbury
Publisher: Cambridge University Press
ISBN: 1107042372
Category : History
Languages : en
Pages : 447
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Book Description
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
Author: Aldo S. Perry
Publisher: McFarland
ISBN: 0786488573
Category : History
Languages : en
Pages : 373
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Book Description
During the Civil War, Confederate military courts sentenced to death more soldiers from North Carolina than from any other state. This study offers the first exploration of the service records of 450 of these wayward Confederates, most often deserters. Arranged by army, corps, division and brigade, it chronicles their military trials and frequent executions and offers explanations of how the lucky and the clever were able to avoid their fate. Focus on court activity by company allows for comparisons that emphasize the wide disparity in discipline within a regiment and brigade. By stressing the effectiveness of these deadly decisions as deterrents to others, this work maintains that an earlier and wider reliance on execution would have strengthened the Confederacy sufficiently to force a negotiated end to the war, thus saving many Confederate and Federal lives.
Author: Peter Anderson
Publisher: Routledge
ISBN: 1135269106
Category : History
Languages : en
Pages : 234
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Book Description
In Spain between 1936-1945, the Franco regime carried out one Europe’s more brutal but less remembered programs of mass repression. Many were murdered by the regime’s death squads, and in some areas Francoists also subjected up to 15% of the population to summary military trials. Here many suffered the death sentence or jail terms up to thirty years. Although historians have recognised the staggering scale of the trials, they have tended to overlook the mass participation that underpinned them. In contrast to the discussion in other European countries, little attention has been paid to the wide scale collusion in the killings and incarcerations in Spain. Exploring mass complicity in the trials of hundreds of thousands of defeated Republicans following the end of the Spanish Civil War, The Francoist Military Trials probes local Francoists’ accusations whereby victims were selected for prosecution in military courts. It also shows how insubstantial and hostile testimony formed the bedrock of ‘investigations’, secured convictions, and shaped the harsh sentencing practices of Franco’s military judges. Using civil court records, it also documents how grassroots Francoists continued harassing Republicans for many years after they emerged from prison. Challenging the popularly prevalent view that the Franco regime imposed a police state upon a passive Spanish society, the evidence Anderson uncovers here illustrates that local state officials and members of the regime’s support base together forged a powerful repressive system that allowed them to wage war on elements of their own society to a greater extent than perhaps even the Nazis managed against their own population.
