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Manual for Courts-Martial 2012
The Manual for Courts-Martial (MCM), United States (2012 Edition) updates the MCM (2008 Edition). It is a complete reprinting and incorporates the MCM (2008 Edition), including all amendments to the Rules for Courts-Martial, Military Rules of Evidence (Mil. R. Evid.), and Punitive Articles made by the President in Executive Orders (EO) from 1984 to present, and specifically including EO 13468 (24 July 2008); EO 13552 (31 August 2010); and EO 13593 (13 December 2011). This edition also contains amendments to the Uniform Code of Military Justice (UCMJ) made by the National Defense Authorization Acts for Fiscal Years 2009 through 2012. Some of the significant changes are summarized and listed below. This summary is for quick reference only and should not be relied upon or cited by practitioners in lieu of the actual provisions of the MCM that have been amended. The MCM (2012 Edition) includes unique changes warranting attention.
Military Justice in the Modern Age
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
The Armed Forces (Court Martial) Rules 2009
Enabling power: Court Martial Appeals Act 1968, s. 19 (5) & Criminal Justice Act 2003, ss. 111, 113, 132, 135, sch. 6, para. 5, sch. 7, para. 2 (6) & Armed Forces Act 2006, ss. 125 (3), 155, 157 (4), 158, 163, 165, 286 (4). Issued: 14.05.2009. Made: -. Laid: -. Coming into force: 31.10.2009. Effect: None. Territorial extent & classification: E/W/S/NI. For approval by resolution of each House of Parliament. Superseded by S.I. 2009/2041 (ISBN 9780111483848)
Defending America
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 j...
Shaping the Battlefield
Motions shape the battlefield of courtroom practice. Whether providing advanced knowledge of the admissibility of alleged prior bad acts by a client or seeking a ruling on a proposed panel instruction, motions in military practice are instrumental in preparing for the war of a court-martial trial. Failing to approach motions practice as a pivotal step in shaping the battlefield for the war of a court-martial trial does a disservice to one's client. This book dares you to step away from the "shared drive" and instead to take a fresh approach with each motion for every case. I have dissected my own process and am providing the insight that I derived for your benefit in the form of this book. My law firm's mantra is that we want to be where we can do the most good. My goal for this book is the same: to elevate the practice. One motion at a time.
Modern Military Justice
This new text 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.
Military Justice
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.
Military Justice and the Right to Counsel
In Military Justice and the Right to Counsel, S. Sidney Ulmer seeks to explore and compare the right to counsel that has been afforded the American serviceman and that which has been granted his citizen counterpart in the civil courts. The civil and constitutional rights of the serviceman and the civilian in the context of criminal prosecutions are implemented in two distinct legal settings a civil system of state and federal courts, including the United States Supreme Court, and a military system composed of courts martial, boards of review, and the United States Court of Military Appeals. Ulmer suggests that in a political system in which individual preferences are given equal weight, the values of the priorities adopted in the civil society will inevitably encroach upon the variant values of any military sub-society involving substantial numbers of people who participate in both.
