Courts-martial in the United States

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Topic: Courts-martial in the United States

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	Manual for Courts-Martial - Wikipedia, the free encyclopedia
		The Manual for Courts-Martial (MCM) is the official guide to the conduct of Courts-Martial in the United States.
		An executive order of the President of the United States, the MCM details and expands on the Military law in the Uniform Code of Military Justice.
		Manual of Courts-Martial United States (2000 Edition) Caution: very large 3.5 MB PDF document
	en.wikipedia.org /wiki/Manual_for_Courts-Martial (101 words)

	NARA - Federal Register - Executive Orders
		The Secretary of Defense, on behalf of the President, shall transmit a copy of this Order to the Congress of the United States in accord with Section 836 of Title 10 of the United States Code.
		The manual is also published by the Department of Defense and may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
		Amendments to the Manual were made by Executive Order 12484 of July 13, 1984, 49 FR 28825, 3 CFR, 1984 Comp., p.
	www.archives.gov /federal-register/codification/executive-order/12473.html (277 words)

	Manual for Courts-Martial
		The Manual for Courts-Martial is the official guide to the conduct of Courts-Martial in the United States.
		A PDF copy of the United States Manual for Courts-Martial can be found at http://www.jag.navy.mil/documents/mcm2000.pdf.
		All is still licensed under the GNU FDL.
	www.termsdefined.net /ma/manual-for-courts-martial.html (193 words)

	Manual For Courts-Martial United States 1984 - UNITED STATES DEPARTMENT OF DEFENSE
		Manual For Courts-Martial United States 1984 - UNITED STATES DEPARTMENT OF DEFENSE
		UNITED STATES DEPARTMENT OF DEFENSE Manual For Courts-Martial United States 1984
		They offer full satisfaction and normal prices - no markups, no hidden costs, no overcharged shipping costs.
	antiqbook.com /boox/gaq/019746.shtml (72 words)

	George Bush Presidential Library and Museum
		White House Statement on the Executive Order Amending the Manual for Courts-Martial, United States, 1984
		The President today signed an Executive order entitled ``Amendments to the Manual for Courts-Martial, United States, 1984.''
		This order amends the rules for Courts-Martial relating to pretrial investigations, discovery, and procedure; pretrial agreement negotiations; speedy trial; and appellate actions.
	bushlibrary.tamu.edu /research/papers/1991/91062703.html (92 words)

	Federal Register - Changes for the Manual for Courts-Martial regarding Adultery
		Department of Defense Proposed Changes for the Manual for Courts-Martial, United States, (1995 edition):
		In the case of officers, also consult the explanation to paragraph 59 in deciding how to dispose of an allegation of adultery.
		Add the following subparagraph to the analysis of Article 134 (Adultery) found at appendix 23, page A23-16 of the MCM.
	www.defenselink.mil /pubs/adultery072998.html (815 words)

	United States court of appeals - Wikipedia, the free encyclopedia
		There currently are 13 United States courts of appeals, although there are other tribunals (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.
		Admission to the bar of a circuit court is granted as a matter of course to any attorney who is admitted to practice law in any state of the United States, whether or not within the circuit, or before another federal court of appeals.
		The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system.
	en.wikipedia.org /wiki/United_States_court_of_appeals (625 words)

	TEXAS MANUAL FOR COURTS-MARTIAL, 1995
		Section 15 action must not be confused with administrative corrective measures (see Manual for Courts-Martial, United States, Part V, paragraph 1g).
		A member who has been charged by indictment or information in a civilian court will not be subjected to a military justice action for the same act(s) charged in the civilian court.
		National Guard officers who are pending receipt of federal recognition of promotion to the grades of major or brigadier general are not considered to be field grade or general officers for Section 15 purposes unless the offense being considered was committed during a period of state funded duty.
	www.agd.state.tx.us /jag/CommandInterface/TEXAS%20MANUAL%20FOR%20COURTS.htm (2383 words)

	Uniform Code of Military Justice - UCMJ
		Process issued in court- martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Unites States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Territories, Commonwealths, and possessions.
		The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
		The military judge of such a court- martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence.
	www.au.af.mil /au/awc/awcgate/ucmj.htm (10061 words)

	MILITARY JUSTICE FACT SHEETS
		In a trial by court members, the members are not informed of the existence of a pretrial agreement, nor is any statement made by an accused in connection with the agreement disclosed to the judge or the court-martial members.
		Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari.
		Unlike civilian courts, where an individual will receive a sentence on each count for which he is convicted (for example, if convicted of two counts of burglary, a civilian judge might sentence an individual to three years in prison for each count to run consecutively -- or a total of six years in prison).
	sja.hqmc.usmc.mil /JAM/MJFACTSHTS.htm (17638 words)

	Manual for Courts-Martial, United States; NTIS distributes the book of the military justice system
		Manual for Courts-Martial, United States; NTIS distributes the book of the military justice system
		WASHINGTON, June 17 /PRNewswire/ -- This well-known reference for military law, the Manual for Courts-Martial, is the book now being referenced in daily news accounts from the recent court-martial trials of the drill instructors at the Army's Aberdeen Proving Ground to the candidate for chairman of the Joint Chiefs of Staff.
		The Manual for Courts-Martial provides a comprehensive discussion of the Purpose of Military Law; the Rules for Courts-Martial; the Military Rules of Evidence; the Punitive Articles; and Nonjudicial Punishment Procedures.
	www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/6-17-97/258513&EDATE= (350 words)

	Title 37-B - §414. Application of the United States Manual for Courts-Martial
		Insofar as it is not inconsistent with this Code, the United States Manual for Courts-Martial, as established by executive order of the President of the United States and as revised from time to time, applies to proceedings pursuant to this chapter.
		Application of the United States Manual for Courts-Martial
		The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
	janus.state.me.us /legis/statutes/37-B/title37-Bsec414.html (93 words)

	Legal and Legislative Basis, Manual for Courts-Martial United States (1951): Military Legal Resources (Federal Research Division: Customized Researchand AnalyticalServices, Library of Congress)
		This book consists of a brief history of the preparation of the 1951 Manual for Courts-Martial, as well as twenty-five discussions of the legal and legislative considerations involved in the preparation.
		Legal and Legislative Basis, Manual for Courts-Martial United States (1951): Military Legal Resources (Federal Research Division: Customized Researchand AnalyticalServices, Library of Congress)
		Charles L. Decker wrote the history, whereas the same officers who prepared the initial drafts of the manual wrote most of the discussions.
	www.loc.gov /rr/frd/Military_Law/CM-manual_1951.html (233 words)

	Uniform Code of Military Justice - UCMJ
		Process issued in court- martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Unites States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Territories, Commonwealths, and possessions.
		(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
		The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
	www.au.af.mil /au/awc/awcgate/ucmj.htm (10061 words)

	Uniform Code of Military Justice - UCMJ
		Process issued in court- martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Unites States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Territories, Commonwealths, and possessions.
		(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
		The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
	www.au.af.mil /au/awc/awcgate/ucmj.htm (10061 words)

	United States court of appeals - Wikipedia, the free encyclopedia
		There currently are thirteen United States courts of appeals, although there are other tribunals (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.
		Although the courts of appeals are frequently referred to as "circuit courts," they should not be confused with the historical United States circuit courts, which existed from 1789 to 1911 and were primarily trial courts.
		When a court of appeals was created for the District of Columbia in 1893, it was named the “Court of Appeals for the District of Columbia”, and it was renamed to the “United States Court of Appeals for the District of Columbia” in 1934.
	en.wikipedia.org /wiki/United_States_court_of_appeals (935 words)

	Court-martial - Wikipedia, the free encyclopedia
		As in all United States criminal courts, courts-martial are adversarial proceedings.
		A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law.
		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.
	en.wikipedia.org /wiki/Court-martial (704 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)

	Court-martial (from military law) -- Encyclopædia Britannica
		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...
		The Supreme Court: The United States Court System
	www.britannica.com /eb/article-52950 (839 words)

	H-Net Review: Michal R. Belknap on Military Justice in America: The U.S. Court of Appeals for the Armed Forces, 1775-1980
		Courts-martial and courts of inquiry -- United States -- History
		Besides having a number of unusual features, the United States Court of Appeals for the Armed Forces has a rather brief history.
		This is unquestionably a favorable treatment of the United States Court of Appeals for the Armed Forces, but it is not an uncritical one.
	www.h-net.msu.edu /reviews/showrev.cgi?path=209551017855587 (2147 words)

	Human Rights Watch: United States: :
		Human Rights Watch, which has an observer at the hearings, once again called on the United States to end the use of ad hoc military commissions and instead to bring prosecutions before federal courts or courts-martial.
		The United States provides federally subsidized housing to millions of low income people who could not otherwise afford homes on their own.
		Across the United States, hundreds of thousands of poor people have been denied access to public housing because they have criminal records, Human Rights Watch said in a report released today.
	www.hrw.org /us/index.php (2147 words)

	Human Rights Watch: United States: : Human Rights in the U.S.
		The United States is holding an unknown number of terrorism suspects in secret overseas locations, and refusing either to acknowledge the detentions or to give information on the fate or the whereabouts of these detainees.
		Accounts from detainees at Guantánamo reveal that the United States as recently as last year operated a secret prison in Afghanistan where detainees were subjected to torture and other mistreatment.
		A five-member team of United Nations human rights experts found that the United States has failed to comply with international human rights and law of war obligations by detaining indefinitely and without charges hundreds of men at Guantanamo Bay, Cuba.
	www.hrw.org /doc?t=usa&c=usdom (1264 words)

	OUTLAWS LEGAL SERVICE
		The flags displayed in State courts and courts of the United States have gold or yellow fringes.
		The flag with the gold or yellow fringe has no constitution, no laws, and no rules of court, and is not recognized by any nation on the earth, and is foreign to you and the united States of America.
		FLAG Martial Law;The Placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as commander in Chief of the Army and Navy." 34 Ops.
	www.outlawslegal.com /organic/flag.htm (1264 words)

	UMLL/May 2005 acquisitions
		Courts-martial and courts of inquiry -- United States.
		United States -- Politics and government -- 1775-1783.
		United States -- Politics and government -- 1783-1865.
	library.law.olemiss.edu /acq/may2005.htm (2387 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.
		Such a court has not jurisdiction over a citizen of the United States not employed in military 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.
	www.lectlaw.com /def/c322.htm (184 words)

	Is New Orleans under martial law? By Keelin McDonell
		Martial law occurs when the military assumes police powers because local authorities and courts aren't functioning.
		While martial law has not been imposed, a state of emergency has been declared in Louisiana, Mississippi, Alabama, and Florida, signaling that some civil liberties, such as the right to congregate, may be limited because of extreme conditions.
		Although the president usually imposes martial law, federal regulation allows for a "local commander" to do so "on the spot, if the circumstances demand immediate action." Federal armed forces are expected to relinquish these powers as soon as the local government is once again operable.
	www.slate.com /id/2125584/nav/tap1 (532 words)

	United States Disciplinary Barracks - Wikipedia, the free encyclopedia
		USDB is the United States Military's only maximum-security facility and houses service members convicted at courts-martial for violations of the Uniform Code of Military Justice.
		Originally known as the United States Military Prison, it was established by Act of Congress in 1874.
		The United States Disciplinary Barracks (USDB), popularly known as "Leavenworth" or "the Castle," is a military prison located on Fort Leavenworth, Kansas.
	en.wikipedia.org /wiki/United_States_Disciplinary_Barracks (630 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).
		Those who prepared the Manual provision and the President of the United States, the Commander-in-Chief, who approved and made the provision a part of our law, were aware that disobedience to orders is the anathema to an efficient military force.
		United States v Papenheim, 19 USCMA 203, 41 CMR 203 (1970); United States v Wilson, 13 USCMA 670, 33 CMR 202 (1963).
	www.law.umkc.edu /faculty/projects/ftrials/mylai/MYL_uscma.htm (5866 words)

	John Kerry was a member of the Naval Reserves until 1978!
		Second note: as you can see by the the rest of the paragraphs, Kerry has publicly stated he committed war crimes, engaged in peace marches while on active duty, etc, and it was enough to gain him NJP or Courts Martial, but it was never pursued.
		But that is beside the point - he went to paris and negotiated peace terms with the enemy while we where at war, while still a commissioned officer of the United States!
		In the USNR, active or inactive, he was still a Commissioned Officer until his discharge in 1978, and was subject to being recalled to active duty.
	www.freerepublic.com /focus/f-news/1092491/posts (4463 words)

	MILITARY BASE CLOSURE LIST / Relief, joy and outrage / CONCORD / Housing potential at site makes officials 'very, very happy'
		In 1944, a catastrophic explosion at Port Chicago on the base killed 320 men, the largest stateside loss of life during the war, and led to controversial courts- martial of black workers who refused to return to loading munitions.
		The base closure process won't be done for months, and it will take years to do the planning and cleanup of environmental hazards.
		Forsberg said about half of the base would remain open space or parks.
	sfgate.com /cgi-bin/article.cgi?file=/c/a/2005/05/14/MNGIRCPCIQ1.DTL (909 words)

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Topic: Courts-martial in the United States

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