Maybe soldiers have rights after all!
Part of a special section on Supreme Court review. In Loving v. United States, the Supreme Court assumed that the constitutional requirements of the Eight Amendment, as outlined in Furman v. Georgia, are applicable to the military. Given the Court's historical reluctance to interfere with the meth...
| Publicado en: | Journal of Criminal Law & Criminology Vol. 87; pp. 895 - 932 |
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| Formato: | Artículo |
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Northwestern University
Spring97
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=502436038&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 502436038 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00914169 CLC jtl: Journal of Criminal Law & Criminology issn: 00914169 maglogo: N pubinfo: dt: Spring97 vid: 87 pid: 1093 pub: Northwestern University artinfo: ui: 502436038 10.2307/1143988 ppf: 895 ppct: 37 formats: fmt: – @attributes: type: T – @attributes: type: P size: 1.5MB tig: atl: Maybe soldiers have rights after all! aug: au: Jaeger, Nicole E. su: United States. Constitution. Bill of Rights Capital punishment Cruel & unusual punishment Separation of powers Legal status of military personnel Executive-legislative relations Courts-martial & courts of inquiry Military law United States sug: subj: United States United States. Constitution. Bill of Rights Capital punishment Cruel & unusual punishment Separation of powers Legal status of military personnel Executive-legislative relations Courts-martial & courts of inquiry Military law keyword: Presidents -- United States -- Relations with Congress United States -- Congress -- Powers and duties United States -- Supreme Court -- Decisions ab: Part of a special section on Supreme Court review. In Loving v. United States, the Supreme Court assumed that the constitutional requirements of the Eight Amendment, as outlined in Furman v. Georgia, are applicable to the military. Given the Court's historical reluctance to interfere with the methods of military procedure, this assumption is significant. In making this assumption, the Court was aware of the historical necessities and events that have fashioned the modern military. Indeed, it was the focus on and understanding of English Constitutional history and the realities of the military today that allowed the Court to deviate from its typically deferential approach to military issues and undertake a more contemporary balancing of service-members' constitutional rights with military necessity. In light of the realities of the modern military establishment and the expansive reach of court-martial jurisdiction, the Court's assumption was correct. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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