Because of the swift nature of the summary court procedure, summary courts became the commander's choice for disposing of minor offenses--the caseloads in summary courts dramatically increased, raising Army court-martial
has a broader range of sentencing options than is
Scherer said prosecutors invited him to submit a proposal for a resignation in lieu of court-martial
, but that the two proposals he submitted were rejected.
In practice, the Averette decision exempts civilians from court-martial
jurisdiction, since congressional declarations of war (28) have become a thing of the past.
201(f)(2)(C), a regulation prescribed by the President, withholds jurisdiction over mandatory capital cases from special courts-martial, but does provide for jurisdiction over non-mandatory capital offenses under two circumstances: (1) when permitted by an "officer exercising general court-martial
jurisdiction over the command which includes the accused"; and (2) when authorized by regulation by the Secretary concerned.
Similarly, when the finding and sentence of the court-martial
was confirmed by the convening officer it was done so on advice from the Judge Advocate General.
During this period, as it is today, a general court-martial
panel required a quorum of at least five commissioned officers, (14) appointed by the convening authority, (15) and on whom was impressed the "grave and important" nature of their duties.
38) Commanders at all levels are involved with every part of the military justice system to include: directing preliminary investigations into misconduct, evaluating the results of the investigation, disposing of cases, preferral and referral of charges, selecting panel members, and taking final action after the court-martial
7) and amended in the 1980s with a move to bring court-martial
Second-guessing combat troops in the heat of battle shrouded by the fog of war is an unforgiving task for all involved in the court-martial
The officer could recommend that the case be dismissed, dealt with administratively or referred for trial by court-martial
1) Rather, line officers served as trial and defense counsel and, as there also was no military judge or other similar judicial official at special courts, every court-martial
was heard by a panel and the senior officer on the panel ran the court.