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Parkland, Florida
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City in Florida, United States of America
Parkland, Florida
City
Motto(s): Environmentally Proud
Coordinates: 26°18′55″N 80°14′26″W / 26.31528°N 80.24056°W / 26.31528; -80.24056Coordinates: 26°18′55″N 80°14′26″W / 26.31528°N 80.24056°W / 26.31528; -80.24056
Country
United States of America
State
Florida
County
Broward
Incorporated
July 10, 1963[1]
Government
• Type
Commission-Manager
• Mayor
Christine Hunschofsky
• Vice Mayor
Stacy Kagan
• Commissioners
Ken Cutler, Grace Solomon, Bob Mayersohn
• City Manager
Bob Payton
• City Clerk
Jennifer Johnson
Area[2]
• City
14.37 sq mi (37.21 km2)
• Land
13.89 sq mi (35.98 km2)
• Water
0.47 sq mi (1.23 km2) 3.77%
Elevation
9 ft (4 m)
Population (2010)
• City
23,962
• Estimate (2016)[3]
31,507
• Density
2,268.00/sq mi (875.70/km2)
• Metro
5,564,635
Time zone
EST (UTC-5)
• Summer (DST)
EDT (UTC-4)
ZIP code
33067, 33073, 33076
Area code(s)
754, 954
FIPS code
12-55125[4]
GNIS feature ID
0307615[5]
Website
www.cityofparkland.org
Parkland is a city in Broward County, Florida, United States. As of the 2010 census, the population of Parkland was 23,962,[6] and the 2016 census estimates a population of 31,507. Parkland is part of the Miami metropolitan area, which was home to an estimated 6,012,331 people in 2015.
Parkland is known for its zoning laws, which are designed to protect the "park-like" character of the city. Initially, there were no stores or traffic lights in Parkland, though this began to change in the mid 1990s and early 2000s with the additions of large neighborhood developments including Heron Bay and Parkland Isles.
On February 14, 2018, the Stoneman Douglas High School shooting, the deadliest high school shooting in American history, killed 17 people in Parkland.[7]
Contents
[hide]
1 Geography
2 Demographics
3 Education
4 Notable people
5 References
6 External links
Geography[edit]
Parkland is located at 26°18′55″N 80°14′26″W / 26.315357°N 80.240444°W / 26.315357; -80.240444.[8] According to the United States Census Bureau, the city has a total area of 12.8 square miles (33.2 km2), of which 12.3 square miles (31.9 km2) is land and 0.50 square miles (1.3 km2) (3.97%) is water.[6] The northern boundary of Parkland coincides with the border between Broward and Palm Beach counties. West Boca Raton, an unincorporated area of Palm Beach County that extends west of Boca Raton's city limits, lies to the north. Coconut Creek lies to the east, Coral Springs lies to the south and the west is bounded by the Everglades.
Demographics[edit]
Historical population
Census
Pop.
%±
1970 165 —
1980 545 230.3%
1990 3,558 552.8%
2000 13,835 288.8%
2010 23,962 73.2%
Est. 2016 31,507 [3] 31.5%
U.S. Decennial Census[9]
Parkland Demographics
2010 Census
Parkland
Broward County
Florida
Total population 23,962 1,748,066 18,801,310
Population, percent change, 2000 to 2010 +73.2% +7.7% +17.6%
Population density 1,943.3/sq mi 1,444.9/sq mi 350.6/sq mi
White or Caucasian (including White Hispanic) 84.0% 63.1% 75.0%
(Non-Hispanic White) 73.1% 43.5% 57.9%
Black or African-American (including Black Hispanic) 6.5% 26.7% 16.0%
Hispanic or Latino (of any race) 13.0% 25.1% 22.5%
Asian 5.9% 3.2% 2.4%
Native American or Native Alaskan 0.1% 0.3% 0.4%
Pacific Islander or Native Hawaiian 0.0% 0.1% 0.1%
Two or more races (Multiracial) 1.9% 2.9% 2.5%
Some Other Race 1.6% 3.7% 3.6%
As of 2010, there were 8,292 households out of which 7.4% were vacant. In 2000, the city population was spread out with 35.1% under the age of 18, 4.3% from 18 to 24, 32.8% from 25 to 44, 24.0% from 45 to 64, and 3.8% who were 65 years of age or older. The median age was 36 years. For every 100 females, there were 99.0 males. For every 100 females age 18 and over, there were 93.7 males.
According to a 2016 estimate, the median income for a household in the city was $131,340, and the estimated median house value was $596,212.[10] Males had a median income of $103,942 versus $81,425 for females. The per capita income for the city was $56,793. About 2.0% of families and .4% of the population were below the poverty line, including 3.2% of those under age 18 and none of those age 65 or over.
As of 2000, speakers of English as a first language were 82.79%, of Spanish were at 11.48%, of Italian at 2.03%, while those of German made up 1.20% of the population.[11]
Education[edit]
Broward County Public Schools serves Parkland.
Public high school
Marjory Stoneman Douglas High School
Public middle school
Westglades Middle School
Public elementary schools
Riverglades Elementary School
Park Trails Elementary School
Heron Heights Elementary School
Private primary schools
Mary Help of Christians School
Notable people[edit]
Anthony Rizzo, professional baseball player for the Chicago Cubs
Jon "Stugotz" Weiner, ESPN Radio host
Roberto Luongo, NHL Goalie for the Florida Panthers[citation needed]
Emma Gonzalez, Never Again MSD Activist
David Hogg, Never Again MSD Activist
Kyle Kashuv, school safety activist
Cameron Kasky, Never Again MSD Activist
Jaclyn Corin, Never Again MSD Activist
Alex Wind, Never Again MSD Activist
Alfonso Calderon, Never Again MSD Activist
References[edit]
Jump up ^ "Broward-by-the-Numbers (pages 3-5)" (PDF). www.broward.org. Archived from the original (PDF) on 2015-10-10. Retrieved 2015-07-08.
Jump up ^ "2016 U.S. Gazetteer Files". United States Census Bureau. Retrieved Jul 7, 2017.
^ Jump up to: a b "Population and Housing Unit Estimates". Retrieved June 9, 2017.
Jump up ^ "American FactFinder". United States Census Bureau. Archived from the original on September 11, 2013. Retrieved 2008-01-31.
Jump up ^ "US Board on Geographic Names". United States Geological Survey. 2007-10-25. Retrieved 2008-01-31.
^ Jump up to: a b "Geographic Identifiers: 2010 Demographic Profile Data (G001): Parkland city, Florida". U.S. Census Bureau, American Factfinder. Retrieved October 22, 2013.
Jump up ^ "Google Maps". Google Maps. Retrieved 2018-02-14.
Jump up ^ "US Gazetteer files: 2010, 2000, and 1990". United States Census Bureau. 2011-02-12. Retrieved 2011-04-23.
Jump up ^ "Census of Population and Housing". Census.gov. Archived from the original on May 12, 2015. Retrieved June 4, 2015.
Jump up ^ "Parkland, Florida (FL 33067) profile: population, maps, real estate, averages, homes, statistics, relocation, travel, jobs, hospitals, schools, crime, moving, houses, news, sex offenders". www.city-data.com.
Jump up ^ "MLA Data Center Results for Parkland, FL". Modern Language Association. Retrieved 2007-09-25.
External links[edit]
Official website
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Marjory Stoneman Douglas High School
Parkland, Florida
Organizations
Never Again MSD†
Protests
NRA boycott†
March for Our Lives†
locations
Portland
The Ingraham Angle boycott†
Stand for the Second‡
Activists
Alfonso CalderonΔ†
Sarah ChadwickΔ†
Jaclyn CorinΔ†
Ryan DeitschΔ†
Emma GonzálezΔ†
Fred Guttenberg§†
David HoggΔ†
Kyle KashuvΔ‡
Cameron KaskyΔ†
Andrew Pollack§‡
Hunter Pollack‡
Alex WindΔ†
§ parent, Δ student survivor, † supportive of gun control, ‡ critical of gun control
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Courts-martial of the United States
From Wikipedia, the free encyclopedia
(Redirected from Courts-martial in the United States)
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Courts-martial in the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side; a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact.
State National Guards (air and army), can convene summary and special courts martial for state-level, peacetime military offenses committed by non-federalized Guard Airmen and Soldiers, in the same manner as federal courts martial proceed. The authority for State National Guards to convene courts martial is under Title 32 of the US Code. State that have militaries (State Guards) outside the Federally regulated National Guard convene courts-martial by authority of state laws.
Contents
[hide]
1 Historical development
1.1 81st Congress sets out to create the UCMJ
1.2 Subsequent measures in Congress on UCMJ
2 Constitutional foundation for Federal courts-martial
3 Types of courts-martial
3.1 Summary court-martial
3.2 Special court-martial
3.3 General court-martial
4 Court-martial process
4.1 Detention before trial
4.2 Composition of courts
4.3 Burden of proof
5 Appeals
5.1 Convening authority review
5.2 Intermediate service courts of criminal appeals
5.3 Court of Appeals for the Armed Forces
5.4 Request for pardon
6 Courts-martial and appellate courts as legislative (Article I) courts
7 Access to the U.S. Supreme Court after appeals
8 In popular culture
9 See also
10 References
11 Further reading
Historical development[edit]
From the earliest beginnings of the United States, military commanders have played a central role in the administration of military justice. The American military justice system, derived from its British predecessor, predates the Articles of Confederation and the Constitution. While military justice in the United States has evolved considerably over the years, the convening authority has remained the instrument of selecting a panel for courts-martial.
Tribunals for the trial of military offenders have coexisted with the early history of armies.[1] The modern court-martial is deeply rooted in systems that predated written military codes and were designed to bring order and discipline to armed, and sometimes barbarous, fighting forces. Both the ancient Greeks and the Romans had military justice codes, although no written versions of them survive.[2] Moreover, nearly every form of military tribunal included a trial before a panel or members of some type.[3]
The concept of the American military court-martial was derived from the Court of Chivalry in England and the military code of Sweden's King Gustavus Adolphus.[4] These courts both strove to strike a balance between the demands of good order and discipline and the concept of due process.[5] This, in turn, laid a foundation for modern systems of military justice that strive to do the same. The Court of Chivalry had a direct impact on the British Articles of War. The early British Articles of War reflected a concern for due process and panel member composition.[6]
When war broke out between the American Colonists and the British in 1775, the British were operating under the 1765 edition of the Articles of War.[7] This version would serve as the template for military justice in the Continental Army.[8] When the United States declared independence and fought the Revolutionary War, "it had a ready-made military justice system." Despite the Colonists' dissatisfaction with the British, they still recognized the intrinsic value of the British military justice system in providing good order and discipline to its own armed forces.[9]
Court Martial of William Seeds, 1778
The 1765 British Articles of War were the template for the American military justice system. Accordingly, a general court-martial panel consisted of thirteen commissioned officers selected by a convening authority, with a field grade officer as president.[10] A regimental court-martial consisted of five commissioned officers selected by the regimental commander; however, unlike the British equivalent, the regimental commander could not sit as president.[11] Further, the Continental Congress broke away from the British system in an even more significant way: the American Articles of War were created by a legislative enactment and not by an executive order. Thus, in the American system, the legislature undertook the government of the armed forces from the beginning—military justice was not going to be left to the executive. Second, Congress demonstrated its flexibility and willingness to change the Articles as necessary. The top military lawyer, Colonel William Tudor, informed Congress that the Articles were in need of revision. Congress would go on to revise the Articles several times to reflect the realities of a small military force. Nonetheless, the commander retained his role in the administration of justice.[12]
81st Congress sets out to create the UCMJ[edit]
After World War II, concerns from veterans’ organizations and bar associations regarding the military justice system in general,[13] and, in particular, the problem of unlawful command influence of courts-martial, led to substantive Congressional reform. The 81st Congress (1949–51) set out to create a unified system of military justice for all the Federal military services, and appointed a committee chaired by Harvard Law Professor Edmund Morgan to study military justice and draft appropriate legislation. According to Professor Morgan, the task was to draft legislation that would ensure full protection of the rights of individuals subject to the UCMJ without unduly interfering with either military discipline or the exercise of military functions. This would mean a "complete repudiation of a system of military justice conceived of only as an instrument of command," but would also negate "a system designed to be administered as the criminal law is administered in a civilian criminal court."[14] The result was the Uniform Code of Military Justice (UCMJ)—a code that afforded a measure of due process to service members, while retaining command control over the appointment of court-martial members.
Subsequent measures in Congress on UCMJ[edit]
The next time Congress had formal hearings on the UCMJ was when it passed the Military Justice Act of 1983. In 1999, the Secretary of Defense was required by Congress to study the issue of command selection of panel members. Congress did not take action when the Joint Services Committee (JSC) concluded that the "current system is most likely to obtain the best members within the operational constraints of the military justice system."
In 2001, the Commission on the 50th Anniversary of the Uniform Code of Military Justice disagreed with the 1999 JSC Report, noting "there is no aspect of military criminal procedure that diverges further from civilian practice, or creates a greater impression of improper influence than the antiquated process of panel selection."[15]
Constitutional foundation for Federal courts-martial[edit]
The Framers of the Constitution were cognizant of the power struggle between Parliament and the King regarding the powers of the military. Many of the Framers were combat veterans from the Continental Army and understood the demands of military life and the need for a well-disciplined fighting force. The solution to the government of the armed forces was a classic balancing of constitutional interests and powers. They assured that Congress—with its responsiveness to the population, its fact-finding ability, and its collective deliberative processes—would provide for the government of the armed forces.[16]
The Framers of the Constitution had a great respect for the value of separation of powers. One of the primary goals of the Constitutional Convention, in remedying the defects of the Articles of Confederation, was to create a government in which separate branches of power served as a check and balance against the other. Principles of separation of powers also applied to the military. The Framers vested power in the executive and legislative branches, but left the judiciary with only a collateral role in governing the armed forces.[17]
By distributing power over the armed forces between the legislative and executive branches, the Framers "avoided much of the political-military power struggle which typified so much of the early history of the British court-martial system."[18] Moreover, the Framers made it clear that while the command of the military lie with the executive, the military would be governed and regulated according to the law handed down by the legislative branch. Therefore, the government of the armed forces would always reflect the will of the people as expressed through their representatives in Congress.[19]
After ratification of the Constitution in 1789, the First Congress undertook legislative action to provide for the government and regulation of the armed forces of the United States. On September 29, 1789, the Congress expressly adopted the Articles of War that were currently in place for the Continental Army. It can thus be said that Congress continued the court-martial as previously established, and "the court-martial is perceived to be in fact older than the Constitution, and therefore older than any court of the United States instituted or authorized by that instrument."[20]
The Framers consciously placed the power to regulate courts-martial and set military law in the legislative branch of the government. The First Congress and the Framers were also cognizant of the age and history of the court-martial with commander involvement, as well as the customs and traditions that pertained to it.
Types of courts-martial[edit]
Colonel Billy Mitchell during his court martial in 1925
There are three types of Federal courts-martial—summary, special, and general. A conviction at a general court-martial is equivalent to a civilian felony conviction in a federal district court or a state criminal trial court. Special courts-martial are considered "federal misdemeanor courts" akin to district state courts, because they cannot impose confinement longer than one year. Summary courts-martial have no civilian equivalent, other than perhaps to noncriminal magistrate's proceedings, in that they have been declared by the US Supreme Court to be administrative in nature, because there is no right to counsel, though as a benefit, the Air Force provides such to Airmen so charged. Enlisted personnel must consent to a trial by summary court-martial and officers may not be tried in such proceedings. A summary court conviction is legally deemed to be akin to an Article 15 proceeding.
Summary court-martial[edit]
Trial by summary court-martial provides a simple procedure for resolution of charges of relatively minor misconduct committed by enlisted members of the military.[21] Officers may not be tried by summary court-martial.[22] The enlisted accused must consent to be tried by summary court-martial, and if consent is not provided then the command may dispose of the allegation through other means, including directing that the case be tried before a special or general court-martial.[22] The summary court-martial consists of one individual, who is not a military attorney, but still functions as judge and acts as the sole finder of fact.[23] The maximum punishment at a summary court-martial varies with the accused's paygrade. If the accused is in the pay grade of E-4 or below, he or she can be sentenced to 30 days of confinement, reduction to pay grade E-1, or restriction for 60 days. Punishments for service members in paygrades E-5 and higher (e.g., Sergeant in the Army or Marines, Petty Officer 2nd Class in the Navy) are similar, except that they can only be reduced one paygrade and cannot be confined.[24] An accused before a summary court-martial is not entitled to receive legal representation from military defense counsel.[25] However, while not required by law, some services, such as the United States Air Force, provide the accused at a trial by summary court-martial free military counsel as a matter of policy.[26] If the government chooses not to provide free military defense counsel to the accused, then that person may retain civilian counsel to represent them, at their own expense.[25]
Special court-martial[edit]
A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than forfeiture of two-thirds basic pay per month for one year, and additionally for enlisted personnel, one year confinement (or a lesser amount if the offenses have a lower maximum), and/or a bad-conduct discharge. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
General court-martial[edit]
A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court-martial members. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that set for each offense under the Manual for Courts-Martial (MCM), and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment. A general court-martial is the only forum that may adjudge a sentence to death. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused. An accused before a general court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
Court-martial process[edit]
Detention before trial[edit]
Under Article 10 of the UCMJ, "immediate steps" should be taken to bring the accused to trial. Although there is currently no upper time limit on detention before trial, Rule 707 of the Manual for Courts-Martial prescribes a general maximum of 120 days for "speedy trial".[27] Under Article 13, punishment other than arrest or confinement is prohibited before trial, and confinement should be no more rigorous than is required to ensure the accused's presence at trial.
Composition of courts[edit]
Under Article 25 of the UCMJ, members of the court are selected from members of the armed forces by the convening authority.
Although the Founding Fathers of the United States guaranteed American citizens the right of a jury trial both in the text of the Constitution and in the Bill of Rights, they determined that Congress would establish the rules for disciplining the armed forces. From the beginning, Congress has retained the long-standing practice whereby, contrary to the principle of random jury selection, the convening authority personally selects the members of a court-martial panel. Whether this practice is conducive to fair process has been the subject of critical investigation.[28][29]
A court-martial has always been an ad hoc tribunal created and appointed by the order of a commanding officer, as the convening authority. The tribunal is established with the express purpose of considering a set of charges that the commander has referred to the court. The convening Authority considers the statutory prescription offered by the United States Congress, those "best qualified," in selecting the "panel" or jury for the court-martial. In turn, the members of the court-martial, who are generally under the command of the convening authority, take an oath to "faithfully and impartially try, according to the evidence, their conscience, and the laws applicable to trial by court-martial, the case of the accused." By their oath, the panel members expressly agree to leave behind any influence from the commander who appointed them. In cases where the accused is an enlisted member, the accused may request that enlisted service members be appointed to the panel.
The appointed or retained defense attorney may challenge both the military judge and members of the panel for cause. However, the military judge determines the relevance and validity of any challenge. The prosecution and defense initially possess one peremptory challenge to members of the court-martial. The accused may also challenge a member of the panel for cause "at any other time during trial when it becomes apparent that a ground for challenge exists." The UCMJ prohibits a convening authority from unlawfully influencing the court. A defense attorney may bring a motion to challenge the validity of the court-martial where it appears that a convening authority has unlawfully influenced court-martial members.
Burden of proof[edit]
At a trial by court-martial, the accused service member is presumed innocent and the government bears the burden of proving his or her guilt, by legal and competent evidence, beyond a reasonable doubt.[30] Reasonable doubt as to the guilt of the accused must be resolved in favor of the accused. In other words, an accused service member must be "given the benefit of the doubt." [31] If the accused is charged with an offense that carries a mandatory sentence to death, then a conviction on that allegation requires all of the court-martial members to vote "guilty." [32] Otherwise, for all other offenses, a conviction requires a two-thirds majority of the court-martial members to vote "guilty." [33] If an accused service member elects to be tried by a military judge sitting alone, rather than by a panel of court-martial members, then the military judge will determine guilt.[34]
Sentencing in a trial by court-martial is carried out by the same forum that adjudicated guilt. In other words, if an accused service member elects to have court-martial members determine his or her guilt, those same court-martial members will adjudge a sentence upon a conviction. If an accused service member elects to be tried by military judge sitting alone, then that military judge will sentence the accused if a conviction results.[34] A sentence to death requires trial by court-martial members and all the members must unanimously concur in that sentence.[35] A sentence to more than ten years of confinement may be adjudged in a trial by military judge sitting alone, or if the accused elects to be tried by members, then by the concurrence of three-fourths of the court-martial members.[36] Any lesser sentence may be adjudged in a trial by military judge sitting alone, or if the accused elects to be tried by members, then by the concurrence of two-thirds of the court-martial members.[37]
Appeals[edit]
There are procedures for post-trial review in every case, although the extent of those appellate rights depends upon the punishment imposed by the court and approved by the convening authority. Cases involving a punitive discharge, dismissal, confinement for one year or more, or death will undergo automatic review by the appropriate military Court of Criminal Appeals. Further review is possible to the Court of Appeals for the Armed Forces.
Convening authority review[edit]
In every case resulting in conviction, the convening authority (usually the same commander who ordered the trial to proceed and selected the members of the court-martial) must review the case and decide whether to approve the findings and sentence.[38] Prior to 24 June 2014, federal law provided that a convening authority's discretion to modify a finding or sentence to the benefit of a convicted servicemember was a matter of command prerogative, and was final.[39] Following 24 June 2014, the convening authority's right to grant a convicted service member relief has been significantly curtailed.[40]
After 24 June 2014, convening authorities may not dismiss or reduce a conviction to one for a lesser offense unless the maximum possible sentence of confinement listed for the offense in the Manual for Courts-Martial is two years or less, and the sentence actually adjudged did not include a dismissal, dishonorable discharge, bad conduct discharge, or confinement for more than six months.[41] Further, the convening authority may not dismiss or reduce a conviction for rape, sexual assault, rape or sexual assault of a child, or forcible sodomy, regardless of the sentence actually adjudged at trial.[42]
Further, after 24 June 2014, convening authorities may not disapprove, commute, or suspend an adjudged sentence, in whole or in part, an adjudged sentence to be dismissed, dishonorably discharged, to receive a bad conduct discharge, or to serve more than six months of confinement.[43] Exceptions to this limitation on the power to reduce those types of punishments exist for when the convicted service member enters into a pretrial agreement to plead guilty in return for having any adjudged dishonorable discharge reduced to a bad conduct discharge, or when the convicted service member provides "substantial assistance" to the investigation or prosecution of another person.[44]
Intermediate service courts of criminal appeals[edit]
After a conviction has been reviewed by the convening authority, if the sentence includes death, dismissal, a dishonorable discharge, a bad conduct discharge, or confinement for a year or more, then the case is reviewed by the appropriate service Court of Criminal Appeals. In cases where the sentence is not sufficiently severe, there is no right to appeallate review.[45] The four service Courts of Criminal Appeals are:
Army Court of Criminal Appeals
Navy-Marine Corps Court of Criminal Appeals
Air Force Court of Criminal Appeals
Coast Guard Court of Criminal Appeals
The service courts of criminal appeals have the power to reverse convictions that are either legally or factually insufficient, and to reduce sentences that they deem to be inappropriately severe.[46] The power to determine factual sufficiency is a unique power for an appellate court to possess, and in exercising that authority the courts of criminal appeals may separately weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, even though only the trial court saw and heard the witnesses.[46] The accused will be assigned an appellate defense counsel to represent him on appeal free of charge. Civilian counsel may be retained at the accused's own expense.
Court of Appeals for the Armed Forces[edit]
From the service court of criminal appeals, a service member, if sentenced to either death, dismissal, dishonorable discharge, bad conduct discharge, or more than a year confinement, may also petition the United States' highest military court—the Court of Appeals for the Armed Forces (CAAF).[47][48] This court consists of 5 civilian judges, appointed for a fifteen-year term, and it can correct any legal error it may find. Appellate defense counsel will also be available to assist the accused at no charge. Again, the accused can also be represented by civilian counsel, but at his or her own expense. Review by the CAAF is discretionary and a limited number of cases are reviewed each year. For the fiscal year beginning on October 1, 2012 and ending on September 30, 2013, CAAF received 964 cumulative filings and disposed of 900 cases. Of these 900 cases, 39 were disposed of by signed or per curiam opinions and 861 were disposed by memorandum or order.[49]
Request for pardon[edit]
As a final measure of appeal, a convicted service member may also petition the President of the United States for a reprieve or pardon under the Constitutional authority granted in Article II, Section 2.
Courts-martial and appellate courts as legislative (Article I) courts[edit]
It is important to place the Federal court-martial in its context as a legislative (Article I) court. Article III courts do not handle all of the judicial business in the United States. Congress has used its enumerated powers under the Constitution in conjunction with the Necessary and Proper Clause to create specialized tribunals, including courts-martial. Article I, Section 8 of the Constitution says Congress shall have the power "To make Rules for the Government and Regulation of the land and naval forces."
Even where life and liberty are at stake, legislative courts are not required to grant all of the due process rights that are intrinsic to the Article III courts. The Supreme Court has, instead, only disturbed the statutory due process system of a given legislative court if the question concerns "fundamental rights."
Of all the legislative courts created by Congress, courts-martial have received the most deference from Article III courts. Under a standard of review known as the "separate community" or "military deference" doctrine, the courts have proclaimed the armed forces to be "a specialized society separate from civilian society" with unique needs. The Article III courts will not invalidate the balance reached by Congress as regards the administration of military justice unless the "fundamental right" being affected is "extraordinarily weighty."[50]
Today's court-martial system, including command selection of jurors, the lack of unanimity in verdicts, and the allowance of 3 or 5 member panels, has thus far withstood scrutiny. This is perhaps because an accused in a trial by general or special court-martial enjoys significant statutory due process rights, such as:
assistance of counsel;
information of the charges brought, including the ability to obtain a bill of particulars;
a speedy trial;
compulsory process of witnesses and evidence;
the privilege against self-incrimination; and
appellate review in cases where the sentence received is sufficiently severe.
Given those statutory rights, the balance that Congress has struck in the administration of justice will not be lightly disturbed by an Article III court.
Access to the U.S. Supreme Court after appeals[edit]
Further information: Equal Justice for United States Military Personnel legislation
In certain limited circumstances, service members have their cases heard by the Supreme Court. Since 2005, various bills have been introduced in Congress to give service members an appeal of their cases to the United States Supreme Court. None of these bills has been enacted, and as of 2010 there is legislation pending.
In popular culture[edit]
In A Few Good Men (1992), two Marines stationed at Guantanamo Bay face court-martial after the hazing death of one of their squad-mates.
In The Caine Mutiny (1951), by Herman Wouk, a naval officer faces court-martial for his role in a mutiny aboard a destroyer minesweeper during World War II.
In Blue on Blue (novel) (2017), by Mark Tighe, a U.S. Army infantryman is court-martialed for the friendly fire death of another soldier during the Iraq War.
See also[edit]
Nonjudicial punishment
References[edit]
Jump up ^ William Winthrop, Military Law and Precedents 45 (2nd Ed. 1920 reprint)
Jump up ^ Captain David M. Schlueter, The Court-Martial: An Historical Survey, 87 MIL. L. REV. 129 (1980)
Jump up ^ See generally Winthrop, Military Law and Precedents, supra., at 45-47.
Jump up ^ Schlueter, The Court-Martial, supra., at 132
Jump up ^ Id., at 134
Jump up ^ Major Christopher W. Behan, Don't Tug on Superman's Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members, 176 Mil. L. Rev. 190, 203 (2003)
Jump up ^ Gordon D. Henderson, Courts-Martial and the Constitution: The Original Understanding, 71 HARV. L. REV. 293, 298 n.41 (1957)
Jump up ^ Behan, Don't Tug on Superman's Cape, supra, at 205
Jump up ^ Major Richard D. Rosen, Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial, 108 Mil. L. Rev. 5, 18 (1985)
Jump up ^ American Articles of War of 1776, § XIV, art. 1 (reprinted in Winthrop, Military Law and Precedents, supra, at 961)
Jump up ^ 1776 Articles, § XIV, art. 11
Jump up ^ Behan, Don't Tug on Superman's Cape, supra, at 211-212
Jump up ^ Report of the Commission on the 50th Anniversary of the Uniform Code of Military Justice p. 2
Jump up ^ Edmund Morgan, The Background of the Uniform Code of Military Justice, 6 Vand. L. Rev. 169, 174 (1953)
Jump up ^ Report, page 7
Jump up ^ Major Christopher W. Behan, Don't Tug on Superman's Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members, 190 MIL. L. REV. 176, 212 (2003)
Jump up ^ Id., at 214.
Jump up ^ Captain David M. Schlueter, The Court-Martial: A Historical Survey, 87 MIL. L. REV. 129, 149 (1980)
Jump up ^ Behan, Don't Tug on Superman's Cape, supra, at 214.
Jump up ^ William Winthrop, Military Law and Precedents 47-48 (2d Ed. 1920 reprint)
Jump up ^ Rule for Courts-Martial 1301(b), Part II, Manual for Courts-Martial United States (2012)
^ Jump up to: a b Article 20, UCMJ, 10 U.S.C. section 820
Jump up ^ Article 16, UCMJ, 10 U.S.C. section 816
Jump up ^ Rule for Courts-Martial 1301(d), Part II, Manual for Courts-Martial United States (2012)
^ Jump up to: a b Rule for Courts-Martial 1301(e), Part II, Manual for Courts-Martial United States (2012)
Jump up ^ Air Force Instruction 51-201, paragraph 5.3.2.3 (6 June 2013)
Jump up ^ Manual for Courts-Martial Archived 2011-06-05 at the Wayback Machine.
Jump up ^ "The Court-Martial Panel Selection Process: a Critical Analysis". Military Law Review. Retrieved December 19, 2010.
Jump up ^ "Reforming Court-Martial Panel Selection: Why Change Makes Sense for Military Commanders and Military Justice". George Mason Law Review. Retrieved December 19, 2010.
Jump up ^ 10 U.S.C. § 851(c)(1)
Jump up ^ 10 U.S.C. § 851(c)(2)
Jump up ^ 10 U.S.C. § 852(a)(1)
Jump up ^ 10 U.S.C. § 852(a)(2)
^ Jump up to: a b 10 U.S.C. § 851(d)
Jump up ^ 10 U.S.C. § 852(b)(1)
Jump up ^ 10 U.S.C. § 852(b)(2)
Jump up ^ 10 U.S.C. § 852(b)(3)
Jump up ^ 10 USC 860
Jump up ^ 10 USC 860(c)(1) (2013)
Jump up ^ Pub.L. 113-66, Div. A, Title XVII, Section 1702(b), (d)(2), Dec. 26, 2013, 12 Stat. 955, 958
Jump up ^ 10 USC 860(c)(3)(B) (2014)
Jump up ^ 10 USC 860(c)(3)(D) (2014)
Jump up ^ 10 USC 860(c)(4)(A)
Jump up ^ 10 USC 860(c)(4) (2014)
Jump up ^ 10 USC 866(b)
^ Jump up to: a b 10 USC 866(c)
Jump up ^ Macomb, Alexander, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, June 2007), ISBN 1-58477-709-5, ISBN 978-1-58477-709-0
Jump up ^ Pollack, Estela I. Velez, Military Courts-Martial: An Overview Archived 2016-03-03 at the Wayback Machine., Congressional Research Service, May 16, 2004
Jump up ^ CAAF Fiscal Year 2013 Annual Report
Jump up ^ Weiss v. United States, 510 US 163, 178 (1994)
Manual for Courts-Martial (MCM), United States (2008 Edition)
Further reading[edit]
Macomb, Alexander, Major General of the United States Army, The Practice of Courts Martial, (New York: Harper & Brothers, 1841) 154 pages.
Macomb, Alexander, A Treatise on Martial Law, and Courts-Martial. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, June 2007), ISBN 1-58477-709-5, ISBN 978-1-58477-709-0
Oregon Code of Military Justice
Model State Code of Military Justice
Saltzburg, Stephen; Schinasi, Lee D; & Schluster, David A., Military Rules of Evidence Manual. (Newark: LexisNexis, January 2003). ISBN 0-87215-969-8; ISBN 978-0-327-16329-9
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Chronicle of a Death Foretold
From Wikipedia, the free encyclopedia
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This article is about the book. For other uses, see Chronicle of a Death Foretold (disambiguation).
Chronicle of a Death Foretold
First edition (Colombia)
Author
Gabriel García Márquez
Country
Colombia
Publisher
La Oveja Negra
Publication date
1981
Published in English
1983
Media type
Print
Pages
122
ISBN
978-0-14-015754-3
OCLC
43223288
Chronicle of a Death Foretold (Spanish: Crónica de una muerte anunciada) is a novella by Gabriel García Márquez, published in 1981. It tells, in the form of a pseudo-journalistic reconstruction, the story of the murder of Santiago Nasar by the two Vicario brothers.
Contents
[hide]
1 Plot
2 Inspiration
3 Key themes
4 Adaptations
4.1 Editions
5 References
6 External links
Plot[edit]
The non-linear story, told by an anonymous narrator, begins with the morning of Santiago Nasar's death. The reader learns that Santiago lives with his mother, Placida Linero; the cook, Victoria Guzman; and the cook's daughter, Divina Flor. Santiago took over the successful family ranch after the death of his father Ibrahim, who was of Arabic origin. He returns home in the early morning hours from an all night celebration of a wedding between a recent newcomer, Bayardo San Roman, and a long-term resident, Angela Vicario. Two hours after the wedding, Angela was dragged back to her mother's home by Bayardo because she was not a virgin. After a beating from her mother, Angela is forced to reveal the name of the man who has defiled her purity and honor. In a somewhat spurious manner, she reveals the man to be Santiago. Her two twin brothers, Pablo and Pedro Vicario, decide to kill Santiago in order to avenge the insult to their family honor with two knives previously used to slaughter pigs.
They proceed to the meat market in the pre-dawn hours to sharpen their knives, and announce to the owner and other butchers that they plan to kill Santiago. No one believes the threat because the brothers are such "good people", or they interpret the threat as "drunkards' baloney". Faustino Santos, a butcher friend, becomes suspicious and reports the threat to the policeman, Leandro Pornoy. The brothers proceed to Cotilde Armenta's milk shop where they tell her about the plan to kill Santiago, and she notices the knives wrapped in rags. Meanwhile, Officer Leandro talks with Colonel Aponte who, after leisurely dressing and enjoying his breakfast, proceeds to the milk shop and takes away their knives and sends them off to sleep though he considers them "a pair of big bluffers". Clotilde wants "to spare those poor boys from the horrible duty" and tries to convince Colonel Aponte to investigate further so they can be stopped. He does nothing more. Since the brothers had announced their plans to kill Santiago at the meat market and the milk store, the news spreads through town, but no one directly warns Santiago. Clotilde asks everyone she sees to warn Santiago, but people do not warn him for several reasons: they assume he must have been warned already, believe that someone else should warn him, can't find him easily, don't believe it will happen, are too excited about the Bishop's arrival, want him secretly dead, or believe the killing to be justified. The brothers show up again to the milk shop with two new knives, and this time Pedro has hesitations about killing because he feels they had fulfilled their duty "when the mayor disarmed them". Nevertheless, they yell their plans to kill Santiago. Even the priest later confesses, "I didn't know what to do...it wasn't any business of mine but something for the civil authorities." He decides to mention it to Santiago's mother, but because he was excited about the bishop coming, he forgets about Santiago.
Santiago wakes up after an hour's sleep to get dressed and greet the bishop, who is expected by the townsfolk to stop in their town on his way elsewhere. He misses the note on the floor that someone has left with a warning and details about the Vicario plan. The bishop's boat passes by the town without stopping even though people have been waiting for him with various gifts. Santiago then proceeds to his fiancee, who yells, "...I hope they kill you!" because she is upset about his involvement with Angela Vicario and decides not to warn him.
The murder occurs. After the murder, the Vicario family leaves town due to the scandal and disgrace surrounding the events of Angela's wedding and Santiago's murder. Bayardo San Roman leaves town as well; his family comes by boat and picks him up. The Vicario twins spend three years in prison awaiting trial, but are acquitted in court, after which Pablo marries his lover and Pedro leaves for the armed forces.
Only after Bayardo returned her did Angela fall in love with him. After she moves away from the town with her family, Angela writes him a letter each day for seventeen years. At the end of seventeen years, San Roman returns to her, carrying all of her letters in bundles, all unopened.
The murder of Santiago Nasar is described. His friend Cristo Bedoya had frantically looked for Santiago on the morning of the murder to warn him of the plan, but Cristo Bedoya failed to find Santiago, who was actually at his fiancée Flora Miguel's house. When Flora Miguel's father finds out, he warns Santiago minutes before the twins reach Santiago. Santiago becomes disoriented from the news and starts to run home. His mother, who is finally told, believes he is inside the house and, therefore, bars the front door to which Santiago is running while being chased by the Vicario brothers. He is repeatedly stabbed as he attempts to enter his home, over twenty times total with seven fatal wounds, as they discovered in an ill-performed autopsy performed by the priest. The murder is brutal as Santiago carries his own entrails and enters the back door of his home. He collapses in his kitchen and dies.
Inspiration[edit]
The novella was based on real-life events that occurred to a family that García Márquez knew. García Márquez heard the story of a young couple that got married in Sucre and, on the day following their wedding, the groom rejected the bride due to her lack of virginity. The bride was determined to have had relations with her former boyfriend, who was consequently pursued and murdered by the bride's two brothers in order to avenge the family's honor. Though many publications speculated that García Márquez had witnessed the murder firsthand, the writer was in fact not present during the events, which took place in Sucre in 1951.[1]
There are a few key differences in the action of the story and what took place in reality. For one, in the novella, Santiago Nasar did not have a prior relationship with Ángela Vicario before her wedding, whereas in real life, the bride was deflowered by her former boyfriend. Additionally, García Márquez chose to make the two assassins in the novella twins, Pablo and Pedro Vicario. In real life, they were simply brothers. Lastly, in the book, there is a reconciliation between Ángela and the groom who rejects her, Bayardo San Roman. In real life, there was no such reconciliation.[1]
Key themes[edit]
The central question at the core of the novella is how the death of Santiago Nasar was foreseen, yet no one tried to stop it. The narrator explores the circumstances surrounding his death by meticulously collecting the testimonials of the villagers who were present during his murder and exploring the seeming contradiction of a murder that was predicted in advance. The book explores the morality of the village's collective responsibility in the murder of Santiago Nasar.
Unlike the traditional detective novel, Chronicle of a Death Foretold doesn't investigate the murder, which is made clear from the first sentence. Instead, the true mystery is the violation of Ángela Vicario. The book delves into issues of gender and chastity as well.
Another key motif is the use of omens and premonitions (keeping in the theme of "foretelling"). The weather, dreams, and nature all provide evidence of what is to come in the novella.
Adaptations[edit]
It was translated into English by Gregory Rabassa and by Edith Grossman. The book was adapted for the big screen in the Spanish language film: Chronicle of a Death Foretold (1987), an Italian-French-Colombian co-production, directed by Francesco Rosi, starring Ornella Muti, Rupert Everett and Anthony Delon. In 1995, Graciela Daniele adapted it into the Tony Award-nominated Broadway musical of the same name, which she also directed and choreographed.
A Romanian short film was made in 2007.
Editions[edit]
ISBN 1-4000-3471-X
ISBN 978-0-14-103246-7
References[edit]
^ Jump up to: a b Hart, Stephen (1994). Gabriel García Márquez: Crónica de una muerte anunciada. Grant & Cutler.
External links[edit]
Analysis and quizzes for Chronicle of a Death Foretold by GradeSaver
Chronicle of a Death Foretold at SparkNotes
Chronicle of a Death Foretold by Gabriel García Márquez, reviewed by Ted Gioia (Postmodern Mystery)

[hide]
v
t
e
Works by Gabriel García Márquez
Novels
In Evil Hour
One Hundred Years of Solitude
The Autumn of the Patriarch
Chronicle of a Death Foretold
Love in the Time of Cholera
The General in His Labyrinth
Of Love and Other Demons
Memories of My Melancholy Whores
Short stories
Leaf Storm
No One Writes to the Colonel
Big Mama's Funeral
Innocent Eréndira
Strange Pilgrims
The Handsomest Drowned Man in the World
A Very Old Man with Enormous Wings
Non-fiction
The Story of a Shipwrecked Sailor
Clandestine in Chile
News of a Kidnapping
Living to Tell the Tale
Speech
The Solitude of Latin America
Authority control
BNF: cb13616335r (data)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Chronicle_of_a_Death_Foretold&oldid=810265666"
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values: وقائع موت معلن – Arabic

values: Gözlənilən bir qətlin tarixçəsi (roman) – Azerbaijani

values: Chronik eines angekündigten Todes – German

values: Crónica de una muerte anunciada – Spanish

values: Crónica de una muerte anunciada – Esperanto

values: Crónica de una muerte anunciada – Basque

values: وقایع‌نگاری یک مرگ ازپیش‌اعلام‌شده – Persian

values: Crónica de una muerte anunciada – Galician

values: Cronaca di una morte annunciata – Italian

values: כרוניקה של מוות ידוע מראש – Hebrew

values: გამოცხადებული სიკვდილის ქრონიკა – Georgian

values: Beretningen om et varslet mord – Norwegian

values: ਕਰਾਨੀਕਲ ਆਫ਼ ਏ ਡੈਥ ਫ਼ੋਰਟੋਲਡ – Punjabi

values: Crônica de uma Morte Anunciada – Portuguese

values: Хроника объявленной смерти – Russian

values: Chronicle of a Death Foretold – Simple English

values: 一桩事先张扬的谋杀案 – Chinese

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