Amicus Brief: United States v. Ali (Court of Appeals for the Armed Forces)

35 Pages Posted: 11 Dec 2019

See all articles by Jeffery Barnum

Jeffery Barnum

United States Coast Guard; Independent

Date Written: March 22, 2012

Abstract

Brief written in support of the United States on the question of whether a civilian may be subject to a court-martial. The brief concludes that, in certain limited circumstances, a civilian may be court-martialed based upon a four-factor test: (1) the degree to which the accused was accompanying the forces, (2) the degree of proximity to hostilities, (3) the nature of the offense, and (4) the comparative advantages of a court-martial over another forum.

The Court's decision may be found at United States v. Ali, 71 MJ 256, (C.A.A.F. 2012)

Keywords: court-martial, jurisdiction, civilian

Suggested Citation

Barnum, Jeffery and Barnum, Jeffery, Amicus Brief: United States v. Ali (Court of Appeals for the Armed Forces) (March 22, 2012). Available at SSRN: https://ssrn.com/abstract=3492338 or http://dx.doi.org/10.2139/ssrn.3492338

United States Coast Guard ( email )

United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
19
Abstract Views
178
PlumX Metrics