Type of trial - Debate
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11-11-2014, 12:33 PM
Post: #50
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RE: Type of trial - Debate
However,
Quote:In Ex parte Milligan (1866), the Supreme Court ruled that a prisoner's ability to challenge his or her detention could only be suspended for a brief and finite period of time, and only if the situation compelled it. The Court also ruled that military tribunals generally lack jurisdiction over civilians who are not connected with or engaged in armed conflict. Assessing the rights of an Indiana citizen accused of plotting against Union forces during the Civil War, the basic rules defined in Milligan are quite relevant today http://www.pbs.org/wnet/supremecourt/ant...parte.html The decision also found that Lincoln's suspension of habeas corpus was unconstitutional - but it had already (of course) worked to put the conspirators into a "trial" in which they were not permitted to testify. On another note, the pursuit of Booth by the military was correct. Virginia (into which he fled) was under military occupational rule and had no state mechanisms (or loyal officers) to undertake such a task. Washington police civil authority had no jurisdiction in Virginia I would have to think (?) |
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