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 ?
Analysis of court martial data shows there were rulings on 400 cases last year.
A court martial is special military court that can try members of the armed services who break military law.
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.
Of the 400 cases known to have been brought to court martial, 124 involved violent offences.
A court martial had sentenced the former soldiers to life imprisonment for desertion, but Justice Martin Muya overturned the ruling and set the accused free.Three court martials at Mtongwe base convicted the 25 former soldiers for desertion of duty.
He said that life imprisonment handed the formersoldierswas excessive.The judge noted that charges preferred against the soldiers were flawed and that the court martial erred in law and facts in making a determination that the respondents were active in service.
Mr Yamina argued that the judge acquitted the ex-soldiers in a consolidated judgement and yet they (ex-soldiers) were tried and convicted separately/individually at the court martial.INDIVIDUAL BASISThe prosecutor said actions by Justice Muya had occasioned 'an incurable miscarriage of justice' since the trial and conviction of the former soldiers were conducted on an individual basis.
Fusilier Gary Bartlam (20), from Tamworth, Staffordshire, who had admitted three charges of disgraceful conduct, was initially sentenced at a court martial to 18 months in a young offenders' institution.
Demanding that the accused be tried in an open court instead of Court Martial, Ms.