court martial

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court martial

a court held to try matters of MILITARY LAW. Made up of serving officers advised by a judge advocate, its sentences are subject to confirmation by higher military authority. There is an appeal tribunal headed up by the Lord Chief Justice.

COURT MARTIAL. A court authorized by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article 64, directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be convened, without manifest injury to the service.
     2. The decision of the commanding officer who appoints the court, as to the number that can be convened without injury to the service, is conclusive. 12 Wheat. R. 19. Such a court has not jurisdiction over a citizen of the United States not employed in military service 12 John. R. 257. It has merely a limited jurisdiction, and to render its jurisdiction valid, it must appear to have acted within such jurisdiction. 3 S. & R. 590 11 Pick. R. 442; 19 John. R. 7; 1 Rawle, R. 143.
     3. A court martial must have jurisdiction over the subject matter of inquiry, and over the person for a want of these will render its judgment null, and the members of the court and the officers who execute its sentence, trespassers. 3 Cranch, 331. See 5 Wheat. 1; 12 Wheat. 19; 1 Brock. 324. Vide Gord. Dig. Laws U. S., art. 3331 to 3357; 2 Story,. L. U. S. 1000; and also the Treatises of Adye, Delafon, Hough, J. Kennedy, M. V. Kennedy, McArthur, McNaghten, Simmons and Tyler on Courts Martial; and 19 John. R, 7; 12 John. R. 257; 20 John. R. 343; 5 Wheat. R. 1; 1 U. S. Dig. tit. Courts, V.

References in periodicals archive ?
Per your Selection of Court-Martial Panel Members for the V Corps Jurisdiction Memorandum, dated 10 January 2005, I have generated and enclosed the one, and only one, unique Random Number Sequence (RNS) for this case.
to trial by Special Court-Martial convened by CMCO Number 3.
After making her findings of fact, COL Lind announced, "the government has demonstrated by a preponderance of the evidence that LTG Sanchez properly referred this case to a panel of qualified members detailed in accordance with Article 25, Rule for Court-Martial 503(a), and applicable case law.
71) Private Beatty selected members for the sentencing phase of the court-martial.
The idea of seating a random court-martial panel grew out of the author's assignment at The Judge Advocate General's Legal Center and School where he was a military justice professor and taught pretrial procedures.
25(d)(2) (2005) ("When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.
Once a case has been referred to the RAF Prosecuting Authority, the decision must be taken as to whether the charge should be tried by court-martial.
This independence is jealousy guarded by the RAF and other Service prosecuting authorities--such independence being seen as a key feature of the reformed court-martial system and a further guarantee that decisions to prosecute offenders are made in an impartial manner.
A court-martial may sit as either a district court-martial or general court-martial.
In the Royal Navy the composition of the court-martial is slightly different.
His only duties were to sit as the president of a court-martial board, and he was not reported on in this capacity.
Provision still exists within Section 103A of the Air Force Act 1955 for a field general court-martial to be held where a body of the regular Air Force is on active service and where it is not possible, without serious detriment to the public service, for a charge against a member of that body of the Regular Air Force to be tried by an ordinary general or district court-martial.