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V-2 All service members, except those embarked or attached to a vessel currently away from its homeport, have a right to refuse NJP and request a court-martial [1]: V-3 . If the accused does not accept the NJP, the NJP hearing is terminated and the commander must make the decision of whether to process the service member for court-martial.
The United States Manual for Court Martial, R.C.M. 306(c)(2), states: Administrative action. A commander may take or initiate administrative action, in addition to or instead of other action [e.g., non-judicial punishment (Article 15 or "NJP") and court-martial] taken under this rule, subject to regulations of the Secretary concerned ...
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 ...
[15] The role of what was originally a court-martial's non-voting "law member" developed into the present office of military judge whose capacity is little different from that of an Article III judge in a U.S. district court. At the same time, the "court-martial" itself, the panel of officers hearing the case and weighing the evidence, has ...
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.
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 ...
Courts-martial are conducted under the UCMJ (10 U.S.C. §§ 801–946, U.C.M.J. art. 1–146) and the Manual for Courts-Martial. If the trial results in a conviction, the case is then reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority may approve the conviction of the ...
A military tribunal or commission is most usually used to refer to a court that asserts jurisdiction over persons who are members of an enemy army, are held in military custody, and are accused of a violation of the laws of war. In contrast, courts-martial generally take jurisdiction over only members of their own military. A military tribunal ...