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A general court-martial is the only forum that may adjudge a sentence to death. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused; this is the equivalent to a civilian grand jury process. An accused before a general ...
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.
An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation.
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.
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.
A convicted service member may submit a request for leniency to the convening authority prior to the convening authority's approval of the court-martial sentence. Each military service and the Coast Guard has a Court of Criminal Appeals, which is composed of panels of three appellate military judges:
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. The convening authority has ...
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 ...