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[15] The role of what was originally a court-martial's non-voting "law member" developed into the present office of military judge whose capacity is little different from that of an Article III judge in a U.S. district court. At the same time, the "court-martial" itself, the panel of officers hearing the case and weighing the evidence, has ...
V-2 All service members, except those embarked or attached to a vessel currently away from its homeport, have a right to refuse NJP and request a court-martial [1]: V-3 . If the accused does not accept the NJP, the NJP hearing is terminated and the commander must make the decision of whether to process the service member for court-martial.
The enlisted accused must consent to be tried by summary court-martial, and if consent is not provided then the command may dispose of the allegation through other means, including directing that the case be tried before a special or general court-martial. [24] The summary court-martial consists of one individual, who is not a military attorney ...
The Manual for Courts-Martial (MCM) is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law established in the statute Uniform Code of Military Justice (UCMJ). It gathers both executive orders as well as ...
A court-martial (plural courts-martial or courts martial, as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.
Courts-martial are conducted under the UCMJ (10 U.S.C. §§ 801–946, U.C.M.J. art. 1–146) and the Manual for Courts-Martial. If the trial results in a conviction, the case is then reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority may approve the conviction of the ...
The Department of Justice, had forwarded to the USN almost 450 names that they declined to prosecute. The Navy elected to take only a handful to court-martial, issuing at least 12 letters of censure from Mabus and his successor, Richard V. Spencer, with some 40 other administrative actions. In early 2018, there were roughly 170 names still ...
In the previous decade the European Convention on Human Rights (ECHR) had considerable impact on the administration of military justice, particularly the need for the independence of the courts martial system. Nevertheless, the underlying premise of the service justice system is that discipline is a matter for commanders.