most cases be junior in rank to the president of the court-martial
, preferral of charges, consists of drafting a charge
While generally applied to situations where soldiers resisted orders or acted violently, some commanders of black troops overstepped their authority and shot soldiers where a lesser punishment, or at least trial by general court-martial
, was appropriate.
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.
That decision has focused attention on the British court-martial
However, Saragosa's attorney, Kirk Cashmere, suggests that Saragosa was the victim of a double standard, pointing to the case of a female officer charged with having sexual relations with an enlisted man who was allowed to leave the Air Force without being threatened with a court-martial
278) Not only is there no such limitation to a servicemember's right to free counsel at general or special courts-martial, (279) but with the exception of an optional summary court-martial
, (280) the right to have an attorney present even applies to nonjudicial proceedings such as administrative hearings.
At the inception of the Army in 1775, commanders did not have statutory authority to punish Soldiers for minor offenses without resorting to a court-martial
must be convened by an officer with
He said three of the alleged victims, including a man photographed being suspended from a forklift truck, had told their stories to him before the court-martial
Henderson, (1) the Court of Appeals for the Armed Forces held that a special court-martial
lacked jurisdiction over a capital charge of willfully hazarding a vessel and the lesser-included charge of negligently hazarding a vessel.