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The convening authority decides on the disposition of cases to investigation and trial, and also selects the members of a court-martial. [1] The appointees serve as the military judge and members of the "panel", which decides the guilt or innocence of a person standing trial before the court-martial or military commission.
Susan Jean Crawford [1] (born April 22, 1947) [2] is an American lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007. [3] Secretary of Defense Robert Gates appointed Crawford to replace John D. Altenburg .
The convening authority may approve the conviction of the court-martial, but also has the discretion to mitigate the findings and sentence. [5] Beyond the review by the convening authority, court-martial cases may be appealed to two additional levels of judicial review.
In the United States, courts-martial are conducted under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 801–946, and the Manual for Courts-Martial.If the trial results in a conviction, the case is reviewed by the convening authority – the person who referred the case for trial by court-martial.
Prior to 24 June 2014, federal law provided that a convening authority's discretion to modify a finding or sentence to the benefit of a convicted servicemember was a matter of command prerogative, and was final. [44] Following 24 June 2014, the convening authority's right to grant a convicted service member relief has been significantly curtailed.
If the sentence, as approved by the convening authority, includes death, a bad conduct or dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeals.
The registration requirement was blocked by a federal judge in Texas, who ruled that Congress lacked the authority to pass the corporate transparency law in the first place.
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings.