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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.
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.
Congress's authority "To make Rules for the Government and Regulation of the land and naval Forces" is contained in the United States Constitution at Article I, Section 8. Until 1920, court-martial convictions were reviewed either by a commander in the field or by the president, depending on the severity of the sentence or the rank of the accused.
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.
If the sentence, as approved by the convening authority, includes death, a bad conduct or dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeals.
Prior to 24 June 2014, federal law provided that a convening authority's discretion to modify a finding or sentence to the benefit of a convicted servicemember was a matter of command prerogative, and was final. [44] Following 24 June 2014, the convening authority's right to grant a convicted service member relief has been significantly curtailed.
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Susan Jean Crawford [1] (born April 22, 1947) [2] is an American lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007. [3] Secretary of Defense Robert Gates appointed Crawford to replace John D. Altenburg .