QuestionsQuestions (Commonwealth Act No. 408)
They include: regular force officers/members of the Nurse Corps/soldiers; reservists from the dates of call to active duty and while on such duty; trainees undergoing military instructions; cadets, flying cadets, and probationary third lieutenants; retainers/to the camp and persons accompanying/serving with the Army in the field in time of war or when martial law is declared though not otherwise subject; and persons already under sentence adjudged by courts-martial.
General courts-martial, special courts-martial, and summary courts-martial.
It may consist of any number of officers not less than five.
It may consist of any number of officers not less than three.
It consists of one officer.
Officers having less than two years’ service shall not be appointed as members of courts-martial in excess of the minority membership, if it can be avoided without manifest injury to the service.
The appointing authority must detail one of the members as a law member, an officer of the Judge Advocate Service; if unavailable, an officer of another branch specially qualified may be detailed instead. The law member also performs additional duties as the President may prescribe.
No officer is eligible to sit as a member if he is the accuser or a witness for the prosecution or for the defense (for general and special courts-martial).
They can try any person subject to military law for any crime/offense made punishable by these articles and any other person subject to trial by military tribunals under the law of war—subject to the stated provisos and rules on who may be tried.
They may try any person subject to military law for any crime/offense not capital made punishable by these articles. They cannot adjudge confinement beyond six months and forfeiture of more than two-thirds pay per month for a period not exceeding six months; the President may by regulations except classes of persons from their jurisdiction.
They cannot try an officer, a member of the Nurse Corps, a cadet, a flying cadet, or probationary third lieutenant. NCOs cannot be brought before a summary court-martial if they object, without authority of the officer competent to bring them to a general court-martial. Punishments are limited: confinement up to one month, restriction for not more than three months, and forfeiture/detention not more than two-thirds of one month’s pay.
No. It is expressly not exclusive; other military tribunals may have concurrent jurisdiction where statute or the law of war allows.
The accused may be represented by counsel of his own selection (civil counsel if he provides and it is reasonably available, or military if reasonably available); otherwise by defense counsel duly appointed for the court. If the accused has his own counsel, the court’s defense counsel/assistant defense counsel may act as associate counsel if the accused desires.
A witness before a military court, commission, court of inquiry, board, or an officer conducting an investigation, or taking a deposition to be read in evidence, shall not be compelled to incriminate himself or to answer questions not material to the issue when the answer might degrade him.
No person shall, without consent, be tried a second time for the same offense. A finding of guilty by a court-martial is not considered a trial for this purpose until the reviewing (and confirming, if any) authority has taken final action on the case.
For death: conviction requiring concurrence of all members present at the time of the vote, and the offense must be expressly punishable by death. For life imprisonment or confinement over ten years: concurrence of three-fourths of members present. All other convictions and sentences: determined by two-thirds vote of members present. Other questions: majority vote.