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Civil Rights and Military Tribunals
From: University of Chicago
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Kenneth AdamsHerbert J. SternGeoffrey R. StoneDavid Strauss |
EDITOR'S INTRODUCTION |
Can military tribunals protect the rights of the accused and offer fundamentally fair trials? What role, if any, will there be for review by civilian courts? These and other questions were taken up at a January 17, 2002, panel discussion at the University of Chicago Law School. Panelists examined the procedures and protections essential to ensuring a fair trial, discussed the potential legacy of the Bush administration's tribunals plan, and drew upon the experiences of former US District Judge Herbert Stern's tenure as the head of a military tribunal in Berlin in the late 1970s.
In another panel discussion, faculty from the University of Chicago Law School discuss the history and constitutionality of military tribunals. |
Panel moderator Kenneth Adams sets the stage by asking why the government has decided to bypass civilian courts in favor of military tribunals.
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Herbert Stern poses two fundamental questions: how will the courts rule on military tribunals, and does the Constitution apply in these procedings?
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Geoffrey Stone asks whether civil liberties can be protected in a military tribunal, and outlines some of the procedures to safeguard those rights.
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David Strauss looks at how the Bill of Rights applies to military tribunals, and discusses which rights are necessary--and which are not--to ensuring fundamental fairness.
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