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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.
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.
The convening authority may approve the conviction of the court-martial, but also has the discretion to mitigate the findings and sentence. [5] Beyond the review by the convening authority, court-martial cases may be appealed to two additional levels of judicial review.
The convening authority has discretion to mitigate the findings and sentence. If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States.The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and ...
(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.
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.
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 ...