Military Justice Is To Justice As Military Music Is To Music

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This document is comprised of two letters. The first is from Secretary of War Newton D. Baker, dated March 1, 1919 and addressed to Major General Enoch H. Crowder, Judge Advocate General. In his letter, Secretary Baker expresses concern over recent harsh criticisms of the U.S. system of military justice and requests that General Crowder answer these criticisms by providing "a concise survey of the entire field" so as to restore the confidence of all those concerned. General Crowder's reply, dated March 10, 1919, follows. After introductory remarks on "prior efforts to revise the Articles of War" and the extent of his own "personal responsibility for the administration of military justice" during the previous two years, General Crowder presents detailed information on three individual cases, addresses at length the general defects that allegedly exist in military justice, and concludes with recommendations.

Public, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.

A galvanizing history of how jazz and jazz musicians flourished despite rampant cultural exploitation The music we call “jazz” arose in late nineteenth century North America—most likely in New Orleans—based on the musical traditions of Africans, newly freed from slavery. Grounded in the music known as the “blues,” which expressed the pain, sufferings, and hopes of Black folk then pulverized by Jim Crow, this new music entered the world via the instruments that had been abandoned by departing military bands after the Civil War. Jazz and Justice examines the economic, social, and political forces that shaped this music into a phenomenal US—and Black American—contribution to global arts and culture. Horne assembles a galvanic story depicting what may have been the era’s most virulent economic—and racist—exploitation, as jazz musicians battled organized crime, the Ku Klux Klan, and other variously malignant forces dominating the nightclub scene where jazz became known. Horne pays particular attention to women artists, such as pianist Mary Lou Williams and trombonist Melba Liston, and limns the contributions of musicians with Native American roots. This is the story of a beautiful lotus, growing from the filth of the crassest form of human immiseration.

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.

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.

"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.