S3930 - Detainee bill

TheMercenary · 05-02-2007, 12:14 AM

MILITARY COMMISSION

CRIMES: Defined by the Defense Department

PRESIDING OFFICIAL: A military lawyer, called a judge advocate, who is appointed and acts as a member the panel.

DELIBERATORS: A panel of three to seven military officers.

DEFENSE : Appointed by the defense secretary or someone he names as the appointing authority.

RULES OF EVIDENCE: A military lawyer is assigned to represent the accused, who can hire a civilian lawyer as well. The civilian lawyer could be barred from sensitive proceedings and evidence. The presiding officer decides whether admit or exclude evidence. There are rules governing suppression of evidence.

SECRECY: The presiding officer has broad discretion to close the proceedings.

DECISIONS: Conviction and sentencing require a two thirds vote.

DEATH SENTENCE: Only by unanimous vote of a commission of seven members.

RIGHT OF APPEAL: The accused cannot appeal to a civilian court. A review panel of three military officers or commissioned civilians, including judge, can recommend new proceedings.

FEDERAL CRIMINAL COURT

CRIMES: Defined by Congress and state legislatures

PRESIDING OFFICIAL: A federal judge, nominated by the president, confirmed by the Senate and appointed for life.

DELIBERATORS: A jury of 12 civilians, randomly drawn from voter lists, sometimes combined with driver lists. The lawyer for the accused can eliminate potential jurors.

DEFENSE: The Constitution requires that the judge appoint a defense attorney if the accused cannot afford one.

RULES OF EVIDENCE: Federal rules and case law exclude certain types of evidence, such as hearsay and illegally obtained statements.

SECRECY: The Constitution guarantees a public trial, except in certain cases, normally involving children.

DECISIONS: Must be unanimous in conviction and sentencing.

DEATH SENTENCE: As in all sentencing, the jury must be unanimous.

RIGHT OF APPEAL: The accused has the right to appeal the conviction or sentence to a higher (appellate) court.

Sources: U.S. Department of Defense, National Institute of Military Justice, FindLaw, Cornell Law School

05-02-2007, 12:14 AM	#38
TheMercenary “Hypocrisy: prejudice with a halo” Join Date: Mar 2007 Location: Savannah, Georgia Posts: 21,393	MILITARY COMMISSION CRIMES: Defined by the Defense Department PRESIDING OFFICIAL: A military lawyer, called a judge advocate, who is appointed and acts as a member the panel. DELIBERATORS: A panel of three to seven military officers. DEFENSE : Appointed by the defense secretary or someone he names as the appointing authority. RULES OF EVIDENCE: A military lawyer is assigned to represent the accused, who can hire a civilian lawyer as well. The civilian lawyer could be barred from sensitive proceedings and evidence. The presiding officer decides whether admit or exclude evidence. There are rules governing suppression of evidence. SECRECY: The presiding officer has broad discretion to close the proceedings. DECISIONS: Conviction and sentencing require a two thirds vote. DEATH SENTENCE: Only by unanimous vote of a commission of seven members. RIGHT OF APPEAL: The accused cannot appeal to a civilian court. A review panel of three military officers or commissioned civilians, including judge, can recommend new proceedings. FEDERAL CRIMINAL COURT CRIMES: Defined by Congress and state legislatures PRESIDING OFFICIAL: A federal judge, nominated by the president, confirmed by the Senate and appointed for life. DELIBERATORS: A jury of 12 civilians, randomly drawn from voter lists, sometimes combined with driver lists. The lawyer for the accused can eliminate potential jurors. DEFENSE: The Constitution requires that the judge appoint a defense attorney if the accused cannot afford one. RULES OF EVIDENCE: Federal rules and case law exclude certain types of evidence, such as hearsay and illegally obtained statements. SECRECY: The Constitution guarantees a public trial, except in certain cases, normally involving children. DECISIONS: Must be unanimous in conviction and sentencing. DEATH SENTENCE: As in all sentencing, the jury must be unanimous. RIGHT OF APPEAL: The accused has the right to appeal the conviction or sentence to a higher (appellate) court. Sources: U.S. Department of Defense, National Institute of Military Justice, FindLaw, Cornell Law School __________________ Anyone but the this most fuked up President in History in 2012!

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