special court-martial


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Words related to special court-martial

a court-martial to try soldiers for offenses less serious that than those committed in action

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In October, Fort Lewis officials announced that Swift would face a special court-martial that could have resulted in a yearlong confinement.
Those of us who were judge advocates before the Military Justice Act of 1968 grew to accept the thought of soldiers being confined for six months as the result of a special court-martial with no lawyers in the courtroom.
The idea was to teach "senior non-JAG officers at the special court-martial level [about] the legal problems they [would] face with suggested solutions.
4 that Swift, who is charged with failing to deploy and being absent without leave, would be referred for a special court-martial, but no trial date was set at that time.
The special court-martial can try any servicemember for any noncapital offense or, under presidential regulation, capital offenses.
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.
The only time a commander should consider SCM is when the first-time offense was so egregious that the extra punishment of "jail time" is worth the extra time and effort needed to conduct a SCM, yet not too egregious for a special court-martial that the Soldier does not deserve more than thirty days' confinement.
James Dubik referred Swift, a military police specialist who grew up in Eugene, for a special court-martial on two counts: being absent without leave and missing movement, a charge brought against soldiers who fail to deploy when their units are assigned to travel.
The confirming authorities are: the Minister of Defense in the case of a sentence imposing the death penalty; the Chief of Staff in the case of a sentence of the Military Court of Appeals or of a special court-martial (which is competent to try officers of the rank of Lieutenant Colonel or higher, and officers who are charged with offenses for which the death penalty may be imposed); and the relevant District Chief in the case of any other court-martial at first instance.
I remembered that scene in recent days as President Bush, Defense Secretary Donald Rumsfeld and other White House and Pentagon lever-pullers insisted that, despite abundant evidence to the contrary, the abuses at Abu Ghraib prison were the fault of "a few bad apples" - renegade soldiers such as Jeremy Sivits, the soldier from Pennsylvania who pleaded guilty last week in a special court-martial.
In keeping with the flexibility of the military justice system as a whole, there are three distinct levels of court-martial: the summary court-martial, the special court-martial, and the general court-martial.
34) The commander then forwards the charges to the special court-martial convening authority (SPCMCA), a commander authorized to direct that charges be tried by special court-martial.
The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instru ctions given in open court by the military judge, president of a special court-martial, or counsel.
22) A special court-martial may sentence an accused to partial forfeiture of pay not to exceed two-thirds pay.
Military justice advice to the special court-martial convening authority at Kagnew Station consisted chiefly of advice on Article 15 punishment, but there were also some summary courts-martial.
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