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 ?
(78.) Royal Navy Courts Martial the Judge Advocate sits separately from the board of officers.
(131) HOUSE OF COMMONS DEFENCE COMMITTEE, IRAQ: AN INITIAL ASSESSMENT OF POST-CONFLICT OPERATIONS, VOLUME II (Sixth Report of Session 2004-05) (U.K.) (23 June 2004): From the point of view of justice being seen to be done and to winning the confidence of the Iraqi people, I think it would be absolutely wrong to say all our courts martial are going to be held somewhere in the South of England that I do not even know where, being a Scotsman, never mind someone from outside Basra, and I think that is the danger--that we would lose the confidence of the people.
The same court ruled in a test case that a courts martial made up largely of Army officers trying a case brought by Army officers, cannot be considered to be either independent or impartial.
At Mr Morris's courts martial in 1997 he was represented by an officer appointed by the commanding officer from within his own unit.
The recommendations by military judge Lt Col Ronald Rodgers will be sent to Lt Gen Peter Pace, commanding general of Marine Atlantic forces in Norfolk, Virginia, who will decide whether to order courts martial or not.
Last month, Col Rodgers held a hearing for the pilot, Capt Richard Ashby, aged 30, of Mission Viejo, California, and the navigator, Capt Joseph P Schweitzer, also 30, of Westbury, New York, to determine whether they should face courts martial.