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 ?
The court martial was told he fully intended to buy back the instruments - and had previously pawned many household items.
The punishment recommended by the court martial will now have to be confirmed by the authorities concerned for it to be implemented.
Defendants were found guilty of at least one charge in three-quarters of court martial cases in 2017 - and 72 members of the armed forces were dismissed in the year as a result.
The court martial convicted Townshend of negligent performance of duty.
* A "court judge advocate" (a lawyer from the JAGD or else an officer specially qualified by reason of legal learning or judicial temperament) would sit with each court martial and would be akin to a civilian judge; he would rule on motions and questions of law, summarize the evidence and applicable law at the end of a case, and review findings for legal sufficiency, and impose any sentence.
The Bill also amends some aspects of the procedure of the Court Martial of New Zealand, such as aligning provisions relating to fitness to stand trial with the Criminal Procedure (Mentally Impaired Persons) Act 2003, and allowing a process for objecting to and substituting military members of the Court Martial.
He remarked we have felt court martial has not been talked about in the summary.
I referred the case to the Court Martial Appeal Court as being unduly lenient because the original sentence failed to fully reflect the degree of planning and the serious breach of trust in these offences.
A court martial can lead to prison time if the person is convicted.
The sentence in a court martial is determined through deliberations between the Judge Advocate and the board.
special, or summary court martial, according to the nature and degree of
MANILA -- Members of the military court martial will convene this week to decide on the verdict of the remaining officer tagged in the bungled operations in Al Barka, Basilan in 2011, which claimed the lives of 19 members of the Army's Special Forces and injured several others.