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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 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 must detail at least four members in a special court-martial, [10] at least eight members in a general court-martial, [10] and at least twelve members in a general court-martial where the death penalty is possible. [11] The military judge, after challenges, impanels only the minimum number from the remaining members. [12]
In the U.S. Army military justice system, the main decision maker is the general court-martial convening authority (GCMCA), usually a division, post, or area commander. Each GCMCA has a Staff Judge Advocate, who serves as the legal advisor to the general.
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 ...
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]
Courts-martial are judicial proceedings conducted by the armed forces. The Continental Congress first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War through the middle of the twentieth century, courts-martial were governed by the Articles of War and the Articles for the Government of the Navy.
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps. Courts-martial are conducted under the Uniform Code of Military Justice (Title 10 of the United States Code §§ 801-946), and the Manual for Courts-Martial.