The Right to a Fair Trial in Criminal Cases Involving the Introduction of Classified Information

reportActive / Technical Report | Accession Number: ADA451221 | Open PDF

Abstract:

This thesis examines Military Rule of Evidence 505 and the procedures unique to the prosecution of criminal cases involving classified information. The procedures by which the government can claim privilege and close proceedings to the public raise due process and fairness questions. Also, case law requiring the granting of clearances to any counsel is unfair to the government. Absent modification, these procedures guarantee neither the government nor the accused a fair trial.

Author(s):
Maher, Christoper M.
Author Organization(s):
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
Descriptive Note:
Master's thesis
Pagination:
0122

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release; Distribution Is Unlimited.

RECORD

Collection: TR
Identifying Numbers
Monitor Series:
JA
 Subject Terms
Joint Capability Areas:
JCA_8_Building Partnerships; JCA_8.2_Shape; JCA_8.2.4_Leverage Capacities and Capabilities of Security Establishments; JCA_5_Command and Control; JCA_6_Net Centric; JCA_8.2.3_Build the Capabilities and Capacities of Partners and Institutions; JCA_5.6.4_Assess Guidance; JCA_5.6_Monitor; JCA_1.2.5_Lessons Learned; JCA_6.4.1_Secure Information Exchange; JCA_5.4_Decide; JCA_4.5.4_Requirements Definition; JCA_4.5_Operational Contract Support; JCA_6.2.3_Core Enterprise Services; JCA_4.6.1_General Engineering; JCA_4.6_Engineering; JCA_1_Force Support; JCA_5.3_Planning; JCA_6.1.1_Wired Transmission; JCA_6.4_Information Assurance; JCA_8.1_Communicate
Modernization Areas:
Cyber
Communities of Interest:
Human Systems
Descriptor(s):
*NATIONAL SECURITY, *CLASSIFIED MATERIALS, *CRIMINOLOGY, ESPIONAGE, UNITED STATES GOVERNMENT, MILITARY GOVERNMENT, LAW ENFORCEMENT, RISK, THESES
Field(s)/Group(s):
Information Science, Military Intelligence
Keyword(s):
*CLASSIFIED INFORMATION, *CRIMINAL CASES, MILITARY RULE OF EVIDENCE 505, COURTS MARTIAL, PUBLIC TRIALS
Report Date:
1987 Jan 01
Creation Date:
2006 Aug 16