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Court-martial - Wikipedia, the free encyclopedia Additionally, most navies have a standard court martial which convenes whenever a ship is lost; this does not necessarily mean that the captain is suspected of wrongdoing, but merely that the official record of the circumstances surrounding the loss of the ship would be made part of the official record. A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. As in all United States criminal courts, courts-martial are adversarial proceedings. en.wikipedia.org /wiki/Court-martial   (704 words)

Legal Definition of Court Martial 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. A court martial must have jurisdiction over the subject matter of inquiry and over the person, and a want of these will render its judgment null. A court authorized by the articles of war, for the trial of all offenders in the army or navy, for military offences. www.lectlaw.com /def/c322.htm   (184 words)

Court Martial (TOS episode) - Wikipedia, the free encyclopedia The court martial continues, and the jury is prepared to hand down a sentence, however Spock enters, ready to present new evidence on behalf of his Captain; the suspected tampering of the computer system. "Court Martial" is an episode of Star Trek: The Original Series. The court overrules when Cogley states that a man's guilt can not be proven by a machine, since machines can make mistakes. en.wikipedia.org /wiki/Court_Martial_(Star_Trek)   (979 words)

Air Force Law Review: United States V. Henderson: special court-martial convening authority cannot refer a capital charge The Court of Appeals of the Armed Forces, noted that neither the officer exercising general court-martial jurisdiction nor the Secretary of the Navy had authorized the referral and held that the special court-martial did not have jurisdiction to try the non-mandatory capital offense of sleeping at a post during wartime in violation of Article 113. The court concluded that the pretrial agreement between Wilkins and the convening authority was the functional equivalent of a referral of the charge and specifications of receiving stolen property. The court's based its decision on the rationale that while a referral is a jurisdictional prerequisite, the form of the referral is not jurisdictional. www.findarticles.com /p/articles/mi_m6007/is_55/ai_n8585601   (1176 words)

Army Lawyer: The case for court-martial jurisdiction over civilians under Article 2 of the Uniform Code of Military Justice - a - 10 - Notes from the Field The Court commented that cases "based on the legal concept of the troops being `in the field,' [were] inapposite" to evaluating the propriety of court-martial jurisdiction under Article 2(11). Covert, (97) the Court held that the court-martial of the wife of a service member stationed overseas in peacetime was unconstitutional, because a court-martial could not guarantee fundamental rights, including "indictment by grand jury, jury trial, and the other protections contained in... In the face of the government's assertion that martial law justified trial by military tribunal, the Court responded that the civilian courts could have functioned and that they were unjustifiably closed. www.findarticles.com /p/articles/mi_m6052/is_2002_Oct-Nov/ai_98136525   (1178 words)

Court martial - Memory Alpha After his capture by Capt. Benjamin Sisko and the crew of the USS Defiant, the Maquis leader Michael Eddington was court- martialed, convicted and later imprisoned for treason against the Federation. In 2267, Commodore Stone served as President of the Court in the court-martial of Captain James T. Kirk, on Starbase 11, over the alleged death of his records officer, Lieutenant Commander Benjamin Finney. During his court martial, Captain Jean-Luc Picard was prosecuted by Phillipa Louvois. www.memory-alpha.org /en/wiki/Court_martial   (405 words)

Calley Court-Martial Appeal The "ordinary sense and understanding" standard is set forth in the present Manual for Courts-Martial, United States, 1969 (Rev) and was the standard accepted by this Court in United States v Schultz, 18 USCMA 133, 39 CMR 133 (1969) and United States v Keenan, 18 USCMA 108, 39 CMR 108 (1969). One contention is that the judge should have, but did not, advise the court members of the necessity to find the existence of "malice aforethought" in connection with the murder charges; the second allegation is that the defense of compliance with superior orders was not properly submitted to the court members. As we construe the Supreme Court's decisions in this area, the trier of the facts, and more particularly, a juror, is not disqualified just because he has been exposed to pretrial publicity or even has formulated an opinion as to the guilt or innocence of an accused on the basis of his exposure. www.law.umkc.edu /faculty/projects/ftrials/mylai/MYL_uscma.htm   (5866 words)

WorldNetDaily: Michael New demands court action New appealed to the U.S. Court of Appeals for the Armed Forces — the military's highest tribunal — on the grounds that he was denied an element of his defense. If the court ultimately rules in favor of New, the soldier will have the opportunity to present his defense that the order to serve a foreign authority of the U.N. was illegal. Michael New filed a motion with the court demanding a decision on his contention that his bad-conduct discharge was unwarranted. www.mikenew.com /wnd6-7.html   (585 words)

History of the British Courts Martial The appeal is heard by the courts-martial Appeal Court, which is composed of judges of the civil Court of Appeal. Regimental courts were convened by commanding officers and were usually composed of a captain and four lieutenants; their proceedings were brief, and their sentences were implemented immediately. However, the court continued to sit with less and less frequency, and gradually the right to try military offences was usurped by ad hoc committees of officers, known first as Marshal Courts and subsequently as Courts Marshal. www.stephen-stratford.co.uk /history_cm.htm   (1697 words)

The Manila Times Internet Edition TOP STORIES > Court-martial: The military way of dealing justice In case the appointing authority behind the court-martial or the summary court officer is the accuser or the prosecutor of the person being tried, the appointing authority can choose to send the charges to a superior authority with a recommendation that the summary court be appointed by the superior authority. In a military court, who gets prosecuted on what charges and what maximum punishment can be meted out to a defendant is decided by the most senior officer in the court-martial. This means that the lawyers and judges in a military court are drawn from the unit or service involved whenever a court-martial is needed. www.manilatimes.net /national/2004/oct/16/yehey/top_stories/20041016top4.html   (2286 words)

Sins of Commissions - Why aren't we using the courts-martial system at Guantanamo? By Neal Katyal The members of the court martial who would decide the facts would similarly not be selected by Pentagon civilians, but could be chosen from the standing court-martial convening orders—orders that function like the civilian jury pools we all know and love. Offenses would be defined by Congress, and Congress has already explicitly said that courts martial have jurisdiction to try violations of the laws of war—precisely the offenses that the administration wants to try in these commissions. Courts martial are already tooled up to handle evidence seized on a battlefield. www.slate.com /id/2106406   (1473 words)

A Wood Court Martial A general court martial is hereby ordered to meet at Columbus, Miss on the 20 th day of June 1862 or as soon thereafter as practicable for the trial of or such other prisoners as may be brought before it. Upon the court being cleared and the objection heard and understood, it was determined by this court, that the said Lt. Col. It is therefore considered by the court that the defendant shall be jubicaly reprimanded by the president in open court in the severest manner known to the www.knology.net /~toniab/WOODcm.htm   (1269 words)

Greatest Trials of All Time COURT TV was a registered trademark and COURT TV ONLINE was a service mark of the Courtroom Television Network. Medina, facing his own trial, was called as a witness of the court and flatly denied ever giving those orders to Calley. No part of this site may be reproduced in any form without permission of Court TV. www.courttv.com /greatesttrials/mylai/trial.html   (818 words)

Court-martial (from military law) --  Encyclopædia Britannica The purpose of juvenile courts is to establish and supervise a plan of control and rehabilitation for youths who have broken the laws of their community. The legal effects of a declaration of martial law differ in various jurisdictions, but they generally involve a suspension of normal civil rights and the extension to the civilian population of summary military justice or of military... The courts are the branch of government that must make decisions about problems of civil and criminal law with fairness and... www.britannica.com /eb/article-52950   (839 words)

definition2.asp?selected=384&bold= A general court-martial is conducted by a military legal officer (Judge Advocate) and at least five officers for major offenses, including those requiring the death penalty. A court-martial conviction can be appealed to the U.S. Court of Military Appeals. a military court for trying offenses in violation of army, navy or other armed service rules and regulations, made up of military officers, who act as both finders of fact (in effect, a jury) and as arbiters (judges) of the law applying to the case. dictionary.law.com /definition2.asp?selected=384&bold=   (141 words)

Court Martial A special court martial is the equivalent of a federal court and a conviction provides a felony conviction, according to Col. Dan Ross, 99 There was also a question of where to actually conduct the court martial proceedings. It was initially considered to conduct the court martial at the 99 www.usarc.army.mil /99thrsc/court_martial.htm   (464 words)

Army Lawyer: Summary court-martial: using the right tool for... @ HighBeam Research Because the proceeding is called a "court-martial," and because a summary court may confine an enlisted soldier for up to thirty days, these proceedings are valuable when commanders want to teach a soldier a swift, harsh lesson that also serves as a strong message to others within their commands. When a battalion commander convenes a summary court, he often selects the unit's executive officer or S-3 to serve as the summary court-martial officer because in most units they are the only available field-grade officers. A summary court is the lowest of three levels of courts-martial. www.highbeam.com /library/doc0.asp?DOCID=1G1:94265155&refid=holomed_1   (2870 words)

Jeremy Sivits: Fired and Demoted? - Plus, a primer: How do courts-martial work? What are the punishments? Can you appeal? By Phillip Carter His or her decisions can be appealed, too, through military courts of appeal to the U.S. Court of Appeals for the Armed Forces and sometimes all the way to the Supreme Court. The military also has an administrative court procedure known as "non-judicial punishment" or "Article 15," in which a commanding officer serves both as judge and jury with extremely limited rights of due process and appeal. Military law applies in military courts, not the federal criminal code. www.slate.com /id/2100770   (916 words)

Seacoast NH - Brewster's Ramble #114 - Court Martial at Fort Constitution, 1814"> In the fall of 1814, a general court martial was held at Fort Constitution for the trial of several cases which had accumulated within course of the season. In those days, and we know not but at the present time, no proceedings in a court martial can be held after that hour and so the court adjourned without coming to the fatal verdict which, had half an hour's more time been allowed, would doubtless have been arrived at. On this court martial was the late Hon. www.seacoastnh.com /brewster/114.html   (1576 words)

DoD News: Background Briefing - Uniform Code of Military Justice and Court Martial Procedures And a special court martial -- again, we're at this middle-level court martial -- the accused can decide whether he or she wants to have the case heard before a judge alone -- the military judge -- or before members. Officers don't go to summary court martials, because, one, they can't be confined in a summary court martial.  It's generally considered for minor disciplinary-type procedures, minor military-type offenses:  UA, unauthorized absence, for example, smart-mouth at your commander, et cetera. MILITARY LAWYER:  In order to represent somebody at a court martial, the defense has to have a lawyer there.  Now, again, like in the civilian world, it's possible the person could represent himself. www.defenselink.mil /transcripts/2004/tr20040519-0785.html   (3734 words)

NewsFromRussia.Com U.S. military court considers declassifying surveillance video for court-martial on Iraq killing A U.S. military court debated Thursday whether key surveillance footage can be declassified for public view at the court-martial next week of an Army tank commander charged in the killing last year of a critically wounded Iraqi. U.S. military court considers declassifying surveillance video for court-martial on Iraq killing At a pre-trial hearing, the court deferred until next week a decision on whether footage of the incident taken by a U.S. drone surveillance aircraft can be shown openly at the trial _ which both sides in the case favor. newsfromrussia.com /accidents/2005/03/24/58835.html   (1740 words)

court-martial. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000. A military or naval court of officers appointed by a commander to try persons for offenses under military law. www.bartleby.com /61/87/C0698700.html   (92 words)

court-martial a court consisting of military or naval personnel appointed by a commander to try charges of offenses by soldiers, sailors, etc., against military or naval law. www.infoplease.com /dictionary/court-martial   (51 words)

Loyalist Institute: Edward McGouran Court Martial, Part 2 of 2 The Court doth also direct that this Sentence be read on the General Parade at the head of the new guards, the said Lieut. The Court, upon due consideration of the whole matter before them, is of opinion, that the Prisoner Lieutenant Edward McGOURAN is guilty of the several crimes laid to his Charge, in breach of the following Articles of war, Vizt. Edward McGOURAN being present, and that his Commission be there demanded of him by the Town Major or such other Officer as the Commander in Chief shall appoint for the Promulgation of the Sentence and Opinion of the Court. www.royalprovincial.com /Military/courts/cmmcgo2.htm   (949 words)

news.mod.uk - News Archive The procedure at a court-martial is broadly similar to a Crown Court and the proceedings are open to the public. They are also subject to appeal to the Court Martial Appeal Court which is comprised of Judges of the Court of Appeal sitting in the Royal Courts of Justice. The Court-Martial Appeal Court is made up of Judges of the Court of Appeal sitting in the Royal Courts of Justice. news.mod.uk /news/press/news_press_notice.asp?newsItem_id=3068   (1379 words)

The Court Martial of Henry Wirz Official Records The Court Martial of Henry Wirz Official Records And the court does therefore sentence him, Henry Wirz, to be hanged by the neck till he be dead at such time and place as the President of the United States may direct, two-thirds of the members of the court concurring herein. The proceedings, finding, and sentence of the court in the within case are approved, and it is ordered that the sentence be carried into execution by the officer commanding the Department of Washington on Friday the 10th day of November, 1865, between the hours of 6 o'clock a.m. www.civilwarhome.com /wirzcourtmartial.htm   (238 words)

Abu Ghraib Court Martial, Ambuhl Ordinarily the summary court martial, limited to enlisted personnel, is reserved for minor disciplinary offences, in contrast to the potentially more punitive special court martial and general court martial. In addition to having the charges reduced, Ambuhl was subjected to a summary court martial under which any imprisonment that might have been imposed would have been limited to thirty days. Officers don’t go to summary court martials, because, one, they can’t be confined in a summary court martial. www.cdi.org /news/law/abu-ghraib-ambuhl.cfm   (717 words)

JURIST - Paper Chase: UK Iraqi abuse photos emerge as court martial continues Where there is evidence of abuse, this is immediately investigated." BBC News has more on the court martial and the abuse photos. In Jackson's statement [MoD text], the general refused to comment on the ongoing court martial, but said "We condemn utterly all acts of abuse. UK Iraqi abuse photos emerge as court martial continues jurist.law.pitt.edu /paperchase/2005/01/uk-iraqi-abuse-photos-emerge-as-court.php   (338 words)

The Court Martial of William Walker, 3rd. SC Colored Infantry The Court Martial Trial of Sgt. William Walker is recreated by a special reenactment committee consisting of members of the 54th. It has not yet been decided if the Walker Court Martial or a new recreated proceeding will be presented. Walker was tried at Hilton Head by a military court January 9 - 12 of 1864 on specifications of inciting a mutiny; failing to report a mutiny and insubordination. www.awod.com /gallery/probono/cwchas/walkertr.html   (838 words)

U.S./Iraq: Rights Monitors Barred From Court Martial (Human Rights Watch, 18-5-2004) Barring human rights monitors from the court martial is a bad decision in its own right. U.S. authorities said members of the media will be permitted to attend the court martial. “Barring human rights monitors from the court martial is a bad decision in its own right,” said Sarah Leah Whitson, executive director of Human Rights Watch’s Middle East and North Africa division. hrw.org /english/docs/2004/05/18/iraq8595.htm   (291 words)

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