Military Tribunals vs. Civilian Law
Tonight on the “Michael J. Penney Show,” the topic of discussion will be a comparison of rules and procedures employed in tribunals that try individuals for alleged war crimes. Military commissions, a type of military tribunal, were developed from military necessity and have taken many forms since their inception during the Revolutionary War. The Military Commissions Act of 2009 allows for trials by military commission according to fundamental principles common to other courts and tribunals that try individuals for violations of the laws of war and other offenses. The chart provides a comparison of rules and procedures used in military commissions under the Military Commissions Act of 2009, courts-martial, and Article III courts. The chart outlines basic procedural protections, defense counsel, attorney-client privilege, right to cross-examine witnesses, protection against compulsory self-incrimination, and protection of victims and witnesses. Military commissions and courts-martial ensure qualified representation and security by requiring civilian counsel to meet certain criteria, and a trial can only take place once for the same offense in all three types of courts. Protection against compulsory self-incrimination is also guaranteed in all three types of courts. The admissibility of an accused’s statement in a military commission is subject to various factors, including reliability and whether it was voluntarily made. The totality of the circumstances determines the statement’s admissibility.
Follow along as we stand poised for the potential future ahead.
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