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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.
United States v. Phenix was the first of the DuBay cases to be filed, in August 1966. Phenix, a court-martial, was complicated by the fact that the convening order listed a separate category of 'President' when listing the court-martial personnel. Additionally, the convening order specified a specific person as president, rather than the ...
Capt. Stephanie Evans said at Tuesday's hearing that a court-martial was appropriate given that obeying orders “is at the absolute core of everything we do in the U.S. military” and that ...
(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.