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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 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.
A special court-martial must have at least three members. [10] A general court-martial must have at least five members [10] unless the death penalty is a mandatory sentence, in which case there must be at least 12 members. [11] The convening authority may detail as many members to a court-martial as he or she chooses so long as the minimum ...
AFMC Commander Gen. Arnold Bunch Jr., the general court-martial convening authority in the case, referred one charge under the Uniformed Code of Military Justice, including three specifications of ...
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]
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 ...
A commanding officer, in the role as court-martial convening authority, will consult with the command judge advocate for advice on case disposition; factors to be considered include, inter alia, the relevant statutory and case law, the seriousness of the offenses, the strength or weakness of each element of the case, the promotion of good order ...
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