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Military Commissions Act of 2006: Analyses
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Authors: Jennifer K. Elsea 
Book Description:
This book provides a background and analysis comparing military commissions as envisioned under the MCA to the rules that had been established by the Department of Defense (DOD) for military commissions and to general military courts-martial conducted under the UCMJ. After reviewing the history of the implementation of military commissions in the “global war on terrorism,” this book provides an overview of the procedural safeguards provided in the MCA. This book identifies pending legislation, including H.R. 267, H.R. 1585, H.R. 2543, H.R. 2826, S. 1547, S. 1548, H.R. 1416, S. 1876, S. 185, S. 576, S.447, H.R. 1415 and H.R. 2710. Finally, the book provides two tables comparing the MCA with regulations that had been issued by the Department of Defense pursuant to the President’s Military Order with standard procedures for general courts-martial under the Manual for Courts-Martial. The first table describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, compares procedural safeguards required by the MCA with those that had been incorporated in the DOD regulations and the established procedures in courts-martial.

Table of Contents:
Military Commissions Act of 2006: Analyses

author: Jennifer K. Elsea

Introduction

Military Commissions: General Background

Hamdan v. Rumsfeld

The Military Commissions Act of 2006

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

Proposed Legislation

Index

   Binding: Paper
   Pub. Date: 2008, 3rd Quarter
   ISBN: 978-1-60456-535-5
   Status: AV
  
Status Code Description
AN Announcing
FM Formatting
PP Page Proofs
FP Final Production
EP Editorial Production
PR At Prepress
AP At Press
AV Available
  
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Military Commissions Act of 2006: Analyses