Use of Hearsay in Military Commissions
Abstract
Trial by military commission has been described as an "extraordinary measure" in the annals of American jurisprudence. In fact, such commissions and other military tribunals have been used repeatedly throughout U.S. history-over 2,000 times during the Civil War alone -to maintain order during periods of hostilities, to enforce martial law, and to prosecute war crimes in defense of the Nation. As explained by William Winthrop, whom the Supreme Court has dubbed the "Blackstone of Military Law," such commissions have functioned essentially as instrumentalities of the war powers vested in Congress and the President. Thus, as tools of war, military commissions are in many ways no more or less extraordinary than their historical context-i.e., the armed conflicts in which Congress and the President have called them into service.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 20, 2012
- Accession Number
- ADA567693
Entities
People
- Arthur L. Gaston Iii
Organizations
- George Washington University