|
Articles Of War Of The United States
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as ''Rock ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Justice
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coast Guard Court Of Criminal Appeals
The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC. The Court was established under Article 66, Uniform Code of Military Justice (UCMJ), by the Judge Advocate General of the Coast Guard. The Court is normally composed of five appellate military judges, organized in panels of three for consideration of referred cases. All but the Chief Judge have other primary duties, so that their service on the Court constitutes a collateral duty. Jurisdiction Review of courts-martial In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martial in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Air Force Court Of Criminal Appeals
The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under (a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals ''pendente lite''. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions. The Air Force Court of Criminal Appeals is located at Andrews Air Force Base in Prince George's County, Maryland. Jurisdiction The court conducts mandatory review of all courts-martial of Air Force members referred to the court (unless waived by the appellant) pursuant to Articles 62, 66, 69, and 73 of the Uniform Code of Military Justice, and, when necessary in furtherance of its jurisdiction, reviews all petitions for extraordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Navy-Marine Corps Court Of Criminal Appeals
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps. Courts-martial are conducted under the Uniform Code of Military Justice (Title 10 of the United States Code §§ 801-946), and the Manual for Courts-Martial. If the trial results in a conviction, the case is reviewed by the convening authority (the person who referred the case for trial by court-martial). The convening authority has discretion to mitigate the findings and sentence. Review court If the sentence, as approved by the convening authority, includes death, a bad conduct or dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeals. Description The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is located in Washington, D.C. in the Navy Yard. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Army Court Of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel. Jurisdiction In the United States, courts-martial are conducted under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 801–946, and the ''Manual for Courts-Martial''. If the trial results in a conviction, the case is reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence. If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonorable Discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge. United Kingdom There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Conduct Discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge. United Kingdom There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convening Authority
The term convening authority is used in United States military law to refer to an individual with certain legal powers granted under either the Uniform Code of Military Justice (i.e. the regular military justice system) or the Military Commissions Act of 2009 (for the Guantanamo military commissions). Uniform Code of Military Justice The term "convening authority" is used in the Uniform Code of Military Justice (UCMJ) when referring to an individual whose function is of critical importance in the US military justice system. The persons who may exercise this authority are defined in article 22 () for general court-martial, article 23 () for special court-martial, and article 24 () for summary court-martial. The convening authority decides on the disposition of cases to investigation and trial, and also selects the members of a court-martial. The appointees serve as the military judge and members of the "panel", which decides the guilt or innocence of a person standing trial before ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Defense Authorization Act
The National Defense Authorization Act (NDAA) is the name for each of a series of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense. The first NDAA was passed in 1961. The U.S. Congress oversees the defense budget primarily through two yearly bills: the National Defense Authorization Act and defense appropriations bills. The authorization bill is the jurisdiction of the Senate Armed Services Committee and House Armed Services Committee and determines the agencies responsible for defense, establishes recommended funding levels, and sets the policies under which money will be spent. The appropriations bill provides funds. The passage of a Defense Authorization Act is often used by Congress to honour a senior congress member or other individual. For example, the National Defense Authorization Act for Fiscal Year 2001 is known as the "Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001" in honour of Repre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manual For Courts-Martial
The ''Manual for Courts-Martial'' (''MCM'') is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the ''MCM'' details and expands on the military law established in the statute Uniform Code of Military Justice (UCMJ). The ''MCM'' contains five parts plus 22 appendices: *Part I is the Preamble, which gives background and jurisdictional information *Part II explains the Rules for Courts-martial (Rules 101 through 1307) *Part III lays out the Military Rules of Evidence (Rules 101 through 1103) *Part IV sets forth the elements and punishments of offenses (Punitive Articles, paragraphs 101 through 108) *Part V provides guidelines for the imposition of non-judicial punishment (NJP) *Appendices provide the Constitution of the United States, the UCMJ itself, analysis of the Parts, historical Executive Orders, forms, etc. In June 2019, the ''Federal Register'' published the 2019 Manual for Courts-Mart ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
