Judicial Process

Judicial Process

Judicial Process

Introduction

At the heart of the freedoms guaranteed Americans by the Constitution and Bill of Rights is the right of the accused to a fair and speedy trial , within the scope of American criminal law . This legal tradition has likewise carried forward into military matters , whereby enemies against which the United States armed forces are fighting are also afforded the rights of the American legal system (Frank , 2006 Because of this , however , modern warfare has become clogged and confused by the use of legal wrangling as

a weapon by combatants against American troops , especially in the modern era of terrorism , whereby enemies of the state claim to be civilians entitled to due process in civilian rather than military courts , where they stand a better chance of evading justice

This will critique an article on the subject of judicial process within the military arena , entitled U .S . Military Courts and the War in Iraq , published in the 2006 Vanderbilt Journal of Transnational Law , in to better understand the

Due Process as the Terrorist 's Weapon

The article focuses in large part on the problems encountered by the Central Criminal Court of Iraq , or CCCI- a civilian American court created for the purpose of prosecuting Iraqi insurgents not as war criminals , but as civilians . In this way , the terrorist can hide behind the rights claimed under American judicial process while avoiding the fact that he has in fact inflicted military-level acts of terror , and should...