Summary: S.3861 — 109th Congress (2005-2006)All Information (Except Text)

There is one summary for S.3861. Bill summaries are authored by CRS.

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Introduced in Senate (09/06/2006)

Bringing Terrorists to Justice Act of 2006 - Authorizes the: (1) President to establish military commissions (commissions) to try individuals for violations of the law of war and other triable offenses; (2) commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life; and (3) Secretary of Defense to carry out such sentences.

Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try unlawful enemy combatants for violations of triable offenses. Makes eligible to serve on a commission any U.S. commissioned officer on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.

Prescribes, with respect to each established commission, pre-trial and trial procedures, including charges, rules of evidence, pleas, opportunity to obtain witnesses and other evidence, and defenses. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought.

Prescribes post-trial procedures and reviews of commission actions, including appeal by the United States, rehearings, and review by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court.

Outlines offenses triable by commissions.

Amends the federal criminal code to add certain actions to be considered violations of the War Crimes Act.