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 Decade: 2000-2009
 Year: 2004
 Collection: Congressional Research Service Reports
Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial

Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial

Date: May 26, 2004
Creator: Velez Pollack, Estela I.
Description: The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member’s continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, including misconduct or criminal offenses. They may be used in place of or after the servicemember has been subject to a court-martial or nonjudicial punishment. This report provides an overview of administrative separations as an alternative or companion to courts-martial.
Contributing Partner: UNT Libraries Government Documents Department
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2005 Assistance

Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2005 Assistance

Date: December 9, 2004
Creator: Veillette, Connie
Description: This report discusses the funds and material support the U.S. has contributed to help Colombia and the Andean region fight drug trafficking since the development of Plan Colombia in 1999.
Contributing Partner: UNT Libraries Government Documents Department
Civil Charges in Corporate Scandals

Civil Charges in Corporate Scandals

Date: April 8, 2004
Creator: Jickling, Mark & Janov, Paul H
Description: This report lists civil suites filled by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their offices or employees that fit within the Enron pattern. That is, these are cases that display one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interests between firms and financial advisors (or Wall Street firms and their costumers), and manipulation or abusive trading in energy markets.
Contributing Partner: UNT Libraries Government Documents Department
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005

Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005

Date: December 20, 2004
Creator: Bearden, David M
Description: This report provides background information on each defense-related environmental program, discusses key funding issues, and examines relevant provisions in authorization legislation and appropriations for FY2005.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: March 10, 2004
Creator: Elsea, Jennifer K
Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: March 10, 2004
Creator: Elsea, Jennifer K
Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: March 10, 2004
Creator: Elsea, Jennifer
Description: This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 and general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). The report notes some of the criticism directed at the President's Military Order (M.O.), and explains how those concerns are addressed by the military commission orders and instructions. The report concludes by summarizing legislation introduced to authorize and regulate military tribunals to try suspected Al Qaeda and Taliban members, and provides two charts to compare the proposed military tribunals under proposed legislation, the regulations issued by the Department of Defense, and standard procedures for general courts-martial under the Manual for Courts-Martial.
Contributing Partner: UNT Libraries Government Documents Department
The Department of State's Patterns of Global Terrorism Report: Trends, State Sponsors, and Related Issues

The Department of State's Patterns of Global Terrorism Report: Trends, State Sponsors, and Related Issues

Date: June 1, 2004
Creator: Perl, Raphael F
Description: This report highlights trends and data found in the State Department’s annual Patterns of Global Terrorism report, (Patterns 2003) and addresses selected issues relating to its content.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 15, 2004
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
DNA Testing for Law Enforcement: Legislative Issues for Congress

DNA Testing for Law Enforcement: Legislative Issues for Congress

Date: October 14, 2004
Creator: Hill, Cindy
Description: DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for post-conviction testing of DNA evidence, and continuing development of forensic science capabilities. This report discusses those and related issues and the legislation proposed and enacted to address them. It begins by describing provisions in prior federal law and then discusses issues and the legislation proposed, including the enacted DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, which became P.L. 106-546).
Contributing Partner: UNT Libraries Government Documents Department
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