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.In looking at historical precedent, the Hamdan Court suggested, it is important to distinguish which type of jurisdiction a ... 24 See U.S. Army Field Manual (FM) 27- 10, The Law of Land Warfare, section 505(e) [hereinafter aFM 27-10a]. ... Note, Kangaroo Court or Competent Tribunal?: Judging the 21st Century Military Commission, 89 VA. L. REV. 2005 (2003). ... and ineffective as possiblea). military government or martial law, as in the war with Congressional Research Service 4 Theanbsp;...
|Title||:||Military Commissions Act Of 2009|
|Author||:||Jennifer K. Elsea|
|Publisher||:||DIANE Publishing - 2010-10|