Array
(
[0] => ..... civilian dependents are amenable to the code. in the second covert case, supra, it was held they were not so amenable as to capital offenses. our final inquiry, therefore, is narrowed to whether clause 14, which under the second covert case has been held not to include civilian dependents charged with capital offenses, may now be ..... states, though not otherwise subject to these articles." this section was reenacted in 1920, 41 stat. 787. [ footnote 3/22 ] general enoch h. crowder, then judge advocate general of the army, stated before the house committee on military affairs: "there is nothing new in the article in subjecting these several classes to the provisions of ..... of civilian dependents "accompanying," and civilians "employed by," the armed forces at military posts in foreign lands in time of peace. if it has, then congress has acted within its powers in enacting article 2(11) of the code -- otherwise not. inasmuch as six members of the court have held in covert that congress may not .....
[1] => ..... and who has been cut off from the moral support of friends and relatives is not infrequently an effective technique of terror. thus, the range of inquiry in this type of case must be broad, and this court has insisted that the judgment in each instance be based upon consideration of "the totality of ..... certiorari. [ footnote 4 ] thus was the constitutional issue raised, decided, and presented to this court for review. after according all of the deference to the trial judge's decision which is compatible with our duty to determine constitutional questions, [ footnote 5 ] we are unable to escape the conclusion that blackburn's confession can fairly ..... at 297 u. s. 286 -287. just as in brown, the evidence here clearly establishes that the confession most probably was not the product of any meaningful act of volition. therefore, the use of this evidence to convict blackburn transgressed the imperatives of fundamental justice which find their expression in the due process clause of the fourteenth .....
)
Court : US Supreme Court
Decided on : Jan-18-1960
..... civilian dependents are amenable to the code. in the second covert case, supra, it was held they were not so amenable as to capital offenses. our final inquiry, therefore, is narrowed to whether clause 14, which under the second covert case has been held not to include civilian dependents charged with capital offenses, may now be ..... states, though not otherwise subject to these articles." this section was reenacted in 1920, 41 stat. 787. [ footnote 3/22 ] general enoch h. crowder, then judge advocate general of the army, stated before the house committee on military affairs: "there is nothing new in the article in subjecting these several classes to the provisions of ..... of civilian dependents "accompanying," and civilians "employed by," the armed forces at military posts in foreign lands in time of peace. if it has, then congress has acted within its powers in enacting article 2(11) of the code -- otherwise not. inasmuch as six members of the court have held in covert that congress may not .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-11-1960
..... and who has been cut off from the moral support of friends and relatives is not infrequently an effective technique of terror. thus, the range of inquiry in this type of case must be broad, and this court has insisted that the judgment in each instance be based upon consideration of "the totality of ..... certiorari. [ footnote 4 ] thus was the constitutional issue raised, decided, and presented to this court for review. after according all of the deference to the trial judge's decision which is compatible with our duty to determine constitutional questions, [ footnote 5 ] we are unable to escape the conclusion that blackburn's confession can fairly ..... at 297 u. s. 286 -287. just as in brown, the evidence here clearly establishes that the confession most probably was not the product of any meaningful act of volition. therefore, the use of this evidence to convict blackburn transgressed the imperatives of fundamental justice which find their expression in the due process clause of the fourteenth .....
Tag this Judgment!