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| | Court-martial - Wikipedia, the free encyclopedia |
 | | As in all United States criminal courts, courts-martial are adversarial proceedings. | | | A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. | | | Additionally, most navies have a standard court martial which convenes whenever a ship is lost; this does not necessarily mean that the captain is suspected of wrongdoing, but merely that the official record of the circumstances surrounding the loss of the ship would be made part of the official record. |
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http://en.wikipedia.org/wiki/Court-martial
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| | Legal Definition of Court Martial |
| | A court martial must have jurisdiction over the subject matter of inquiry and over the person, and a want of these will render its judgment null. | | | Article 64 directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be convened, without manifest injury to the service. | | | Such a court has not jurisdiction over a citizen of the United States not employed in military service. |
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http://www.lectlaw.com/def/c322.htm
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| | The Manila Times Internet Edition TOP STORIES > Court-martial: The military way of dealing justice |
| | In case the appointing authority behind the court-martial or the summary court officer is the accuser or the prosecutor of the person being tried, the appointing authority can choose to send the charges to a superior authority with a recommendation that the summary court be appointed by the superior authority. | | | This means that the lawyers and judges in a military court are drawn from the unit or service involved whenever a court-martial is needed. | | | In a military court, who gets prosecuted on what charges and what maximum punishment can be meted out to a defendant is decided by the most senior officer in the court-martial. |
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http://www.manilatimes.net/national/2004/oct/16/yehey/top_stories/20041016top4.html
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| | news.mod.uk - News Archive |
| | The Court-Martial Appeal Court is made up of Judges of the Court of Appeal sitting in the Royal Courts of Justice. | | | They are also subject to appeal to the Court Martial Appeal Court which is comprised of Judges of the Court of Appeal sitting in the Royal Courts of Justice. | | | The procedure at a court-martial is broadly similar to a Crown Court and the proceedings are open to the public. |
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http://news.mod.uk/news/press/news_press_notice.asp?newsItem_id=3068
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| | History of the British Courts Martial |
| | The appeal is heard by the courts-martial Appeal Court, which is composed of judges of the civil Court of Appeal. | | | Both the members of the court and the witnesses were sworn, and a full transcript was made of the evidence. | | | The Regimental Court had the least powers of punishment and could not try an officer or a warrant officer. |
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http://www.stephen-stratford.co.uk/history_cm.htm
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| | Army Lawyer: The case for court-martial jurisdiction over civilians under Article 2 of the Uniform Code of Military Justice - a - 10 - Notes from the Field |
| | The Court commented that cases "based on the legal concept of the troops being `in the field,' [were] inapposite" to evaluating the propriety of court-martial jurisdiction under Article 2(11). | | | In Reid, the Supreme Court was careful to distinguish between its preclusion of court-martial jurisdiction over citizens during peacetime and court-martial jurisdiction under Article 2(10), the predecessor of Article 2(a)(10), during wartime. | | | Covert, (97) the Court held that the court-martial of the wife of a service member stationed overseas in peacetime was unconstitutional, because a court-martial could not guarantee fundamental rights, including "indictment by grand jury, jury trial, and the other protections contained in... |
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http://www.findarticles.com/p/articles/mi_m6052/is_2002_Oct-Nov/ai_98136525
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| | Air Force Law Review: United States V. Henderson: special court-martial convening authority cannot refer a capital charge |
| | The Court of Appeals of the Armed Forces, noted that neither the officer exercising general court-martial jurisdiction nor the Secretary of the Navy had authorized the referral and held that the special court-martial did not have jurisdiction to try the non-mandatory capital offense of sleeping at a post during wartime in violation of Article 113. | | | The court's based its decision on the rationale that while a referral is a jurisdictional prerequisite, the form of the referral is not jurisdictional. | | | The court concluded that the pretrial agreement between Wilkins and the convening authority was the functional equivalent of a referral of the charge and specifications of receiving stolen property. |
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http://www.findarticles.com/p/articles/mi_m6007/is_55/ai_n8585601
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| | A Wood Court Martial |
| | A general court martial is hereby ordered to meet at Columbus, Miss on the 20 th day of June 1862 or as soon thereafter as practicable for the trial of or such other prisoners as may be brought before it. | | | Upon the court being cleared and the objection heard and understood, it was determined by this court, that the said Lt. Col. | | | It is therefore considered by the court that the defendant shall be jubicaly reprimanded by the president in open court in the severest manner known to the |
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http://www.knology.net/~toniab/WOODcm.htm
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| | Calley Court-Martial Appeal |
| | The "ordinary sense and understanding" standard is set forth in the present Manual for Courts-Martial, United States, 1969 (Rev) and was the standard accepted by this Court in United States v Schultz, 18 USCMA 133, 39 CMR 133 (1969) and United States v Keenan, 18 USCMA 108, 39 CMR 108 (1969). | | | One contention is that the judge should have, but did not, advise the court members of the necessity to find the existence of "malice aforethought" in connection with the murder charges; the second allegation is that the defense of compliance with superior orders was not properly submitted to the court members. | | | Both the principal opinion and the analysis of the Court of Military Review state that in the enactment of the Uniform Code of Military Justice Congress has, in effect, codified the requirement of malice aforethought by defining murder as the unlawful killing of a human being, without justification or excuse. |
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http://www.law.umkc.edu/faculty/projects/ftrials/mylai/MYL_uscma.htm
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| | Court-martial (from military law) -- Encyclopædia Britannica |
| | The courts are the branch of government that must make decisions about problems of civil and criminal law with fairness and... | | | The Supreme Court: The United States Court System | | | The legal effects of a declaration of martial law differ in various jurisdictions, but they generally involve a suspension of normal civil rights and the extension to the civilian population of summary military justice or of military... |
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http://www.britannica.com/eb/article-52950
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| | WorldNetDaily: Michael New demands
court action |
| | Hamilton also implied in the brief that the court is damaging its own reputation by delaying the case without a single word of explanation for over a year. | | | Hamilton filed a motion last week, asking the court to issue a ruling one way or the other in the case. | | | However, the court concluded its 2000 session on Sept. 30 without making a decision on the case. |
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http://www.mikenew.com/wnd6-7.html
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| | Sins of Commissions - Why aren't we using the courts-martial system at Guantanamo? By Neal Katyal |
| | Offenses would be defined by Congress, and Congress has already explicitly said that courts martial have jurisdiction to try violations of the laws of war—precisely the offenses that the administration wants to try in these commissions. | | | In stating that the rules governing courts martial do not apply to commissions, the administration has placed itself in stark contrast to other administrations. | | | The administration's commission rules break from courts martial in that they do not forbid the introduction of such testimony. |
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http://www.slate.com/id/2106406
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| | Court Martial |
| | A special court martial is the equivalent of a federal court and a conviction provides a felony conviction, according to Col. Dan Ross, 99 | | | It was initially considered to conduct the court martial at the 99 | | | There was also a question of where to actually conduct the court martial proceedings. |
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http://www.usarc.army.mil/99thrsc/court_martial.htm
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| | Seacoast NH - Brewster's Ramble #114 - Court Martial at Fort Constitution, 1814"> |
| | In those days, and we know not but at the present time, no proceedings in a court martial can be held after that hour and so the court adjourned without coming to the fatal verdict which, had half an hour's more time been allowed, would doubtless have been arrived at. | | | On this court martial was the late Hon. | | | There was, however too much of other service required for officers to admit of a court martial being held for several months, and the prisoner in the mean time was kept securely at the fort. |
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http://www.seacoastnh.com/brewster/114.html
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| | DoD News: Background Briefing - Uniform Code of Military Justice and Court Martial Procedures |
| | And a special court martial -- again, we're at this middle-level court martial -- the accused can decide whether he or she wants to have the case heard before a judge alone -- the military judge -- or before members. | | | Officers don't go to summary court martials, because, one, they can't be confined in a summary court martial. It's generally considered for minor disciplinary-type procedures, minor military-type offenses: UA, unauthorized absence, for example, smart-mouth at your commander, et cetera. | | | MILITARY LAWYER: In order to represent somebody at a court martial, the defense has to have a lawyer there. Now, again, like in the civilian world, it's possible the person could represent himself. |
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http://www.defenselink.mil/transcripts/2004/tr20040519-0785.html
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| | Army Lawyer: Summary court-martial: using the right tool for... @ HighBeam Research |
| | When a battalion commander convenes a summary court, he often selects the unit's executive officer or S-3 to serve as the summary court-martial officer because in most units they are the only available field-grade officers. | | | As the highest level of military trial courts, general courts-martial may adjudge the maximum punishment allowed for a particular offense--for example, death for murder. | | | A summary court is the lowest of three levels of courts-martial. |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:94265155&refid=holomed_1
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| | Abu Ghraib Court Martial, Ambuhl |
| | Ordinarily the summary court martial, limited to enlisted personnel, is reserved for minor disciplinary offences, in contrast to the potentially more punitive special court martial and general court martial. | | | Officers don’t go to summary court martials, because, one, they can’t be confined in a summary court martial. | | | In addition to having the charges reduced, Ambuhl was subjected to a summary court martial under which any imprisonment that might have been imposed would have been limited to thirty days. |
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http://www.cdi.org/news/law/abu-ghraib-ambuhl.cfm
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| | Greatest Trials of All Time |
| | COURT TV was a registered trademark and COURT TV ONLINE was a service mark of the Courtroom Television Network. | | | Medina, facing his own trial, was called as a witness of the court and flatly denied ever giving those orders to Calley. | | | No part of this site may be reproduced in any form without permission of Court TV. |
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http://www.courttv.com/greatesttrials/mylai/trial.html
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| | Composition of Special Court-Martial |
| | makes the court powerless to adjudicate a case law- | | | The rules relating to constitution of the court | | | request is granted, he or she discharges the court |
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http://www.tpub.com/content/administration/14134/css/14134_210.htm
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| | The Court Martial of William Walker, 3rd. SC Colored Infantry |
| | It has not yet been decided if the Walker Court Martial or a new recreated proceeding will be presented. | | | The Court Martial Trial of Sgt. William Walker is recreated by a special reenactment committee consisting of members of the 54th. | | | Testimony is based directly on the original trial record and the court procedures are taken from that records and the Army regulations of the period. |
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http://www.awod.com/gallery/probono/cwchas/walkertr.html
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| | Loyalist Institute: Edward McGouran Court Martial, Part 2 of 2 |
| | The Court, upon due consideration of the whole matter before them, is of opinion, that the Prisoner Lieutenant Edward McGOURAN is guilty of the several crimes laid to his Charge, in breach of the following Articles of war, Vizt. | | | Edward McGOURAN being present, and that his Commission be there demanded of him by the Town Major or such other Officer as the Commander in Chief shall appoint for the Promulgation of the Sentence and Opinion of the Court. | | | McGOURAN then closed his defence with the remarks contained in the annexed paper marked No. 1 which was read by him in public Court. |
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http://www.royalprovincial.com/Military/courts/cmmcgo2.htm
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| | The Court Martial of Henry Wirz Official Records |
| | The Court Martial of Henry Wirz Official Records | | | And the court does therefore sentence him, Henry Wirz, to be hanged by the neck till he be dead at such time and place as the President of the United States may direct, two-thirds of the members of the court concurring herein. | | | The proceedings, finding, and sentence of the court in the within case are approved, and it is ordered that the sentence be carried into execution by the officer commanding the Department of Washington on Friday the 10th day of November, 1865, between the hours of 6 o'clock a.m. |
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http://www.civilwarhome.com/wirzcourtmartial.htm
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| | Court Martial (TOS episode) - Wikipedia, the free encyclopedia |
| | The court martial continues, and the jury is prepared to hand down a sentence, however Spock enters, ready to present new evidence on behalf of his Captain; the suspected tampering of the computer system. | | | "Court Martial" is an episode of Star Trek: The Original Series. | | | The court overrules when Cogley states that a man's guilt can not be proven by a machine, since machines can make mistakes. |
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http://en.wikipedia.org/wiki/Court_Martial_(Star_Trek)
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| | JURIST - Paper Chase: UK Iraqi abuse photos emerge as court martial continues |
| | Where there is evidence of abuse, this is immediately investigated." BBC News has more on the court martial and the abuse photos. | | | UK Iraqi abuse photos emerge as court martial continues | | | In Jackson's statement [MoD text], the general refused to comment on the ongoing court martial, but said "We condemn utterly all acts of abuse. |
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http://jurist.law.pitt.edu/paperchase/2005/01/uk-iraqi-abuse-photos-emerge-as-court.php
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| | AskOxford: court martial |
| | courts martial or court martials) a judicial court for trying members of the armed services accused of breaking military law. |
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http://www.askoxford.com/concise_oed/courtmartial?view=uk
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| | Court martial - Memory Alpha |
| | When a member of Starfleet is accused of breaching Federation law or Starfleet regulations, a court martial is convened. | | | The court martial reviews the evidence and determines the accused's guilt or innocence. | | | The President of the Court, along with three flag officers, oversees a court martial. |
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http://www.memory-alpha.org/en/wiki/Court_martial
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| | The Manila Times Internet Edition TOP STORIES > GMA orders court- martial |
| | He added that once all the cases against Garcia have been formally filed, the justice department or the court could easily order his inclusion on the list. | | | Fernandez explained that Garcia’s inclusion on the watch list is good only for 90 days, after which it would be automatically lifted unless there is an order from Malacañang, the Department of Justice or the court placing him on the hold-departure-order list. | | | tc "He added that once all the cases against Garcia have been formally filed, the justice department or the court could easily order his inclusion on the list." |
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http://www.manilatimes.net/national/2004/oct/14/yehey/top_stories/20041014top2.html
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| | CBC News:Court martial postponed for 'friendly-fire' pilot |
| | If found guilty, he faces a more severe punishment by the court martial. | | | He refused to accept punishment from a U.S. military non-judicial hearing, instead opting to by tried by court martial. | | | Schmidt, 38, will have to enter a plea at the next court session, set for Oct. 16. |
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http://www.cbc.ca/stories/2003/07/30/schmidt_court030730
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