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A special court-martial may instead consist of a judge alone if requested by the accused or if the convening authority decides so. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
The persons who may exercise this authority are defined in article 22 (10 U.S.C. § 822) for general court-martial, article 23 (10 U.S.C. § 823) for special court-martial, and article 24 (10 U.S.C. § 824) for summary court-martial. The convening authority decides on the disposition of cases to investigation and trial, and also selects the ...
A United States military "jury" (or "members", in military parlance) serves a function similar to an American civilian jury, but with several notable differences.Only a general court-martial (which may impose any sentences, from dishonorable discharge to death [1]) or special court-martial (which can impose sentences of up to one year of confinement and bad-conduct discharge [2]) includes members.
Courts-martial are conducted under the UCMJ and the Manual for Courts-Martial (MCM). If the trial results in a conviction, the case is reviewed by the convening authority – the commanding officer who referred the case for trial by court-martial. [17] [18] The power of the convening authority was reduced in 2014. [19] [20]
Hawaii was put under martial law after the Japanese attack on Pearl Harbor. During World War II (1939–1945) what is now the State of Hawaii was held under martial law from December 7, 1941, to October 24, 1944, following the Japanese attack on Pearl Harbor. [27] During 1942, the army's Hawaii District was commanded by Ralph McT.
A US Treasury decision states that even though an officer is dismissed rather than dishonorably discharged, the phrase "discharged from the Armed Forces under dishonorable conditions" is broad enough to include a dismissal rendered for an officer by a general court-martial, and thus an officer dismissed under dishonorable conditions is also ...
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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.