As methods to punish Soldiers quickly without trial, both procedures are similarly truncated and simplified: (1) one officer decides the guilt of the accused and what punishment to impose; (2) the accused does not have a right to counsel at their proceedings; (3) both NJP and SCM proceedings are non-adversarial with minimal due process, but still ensure that the accused has notice of the charges and an opportunity to present matters in defense; and (4) the accused has a right to refuse either process by demanding a trial by court-martial
who decided to refer the case for trial by court-martial
The military trial judiciary is close to my heart because one of the formative experiences of my life was serving as a special court-martial
judge in Vietnam from December 1969 to December 1970.
A conviction for violation of Article 113 during time of war is punishable "by death or such other punishment as a court-martial
It was hoped that the Act would ensure that the court-martial
system would comply more fully with the European Convention on Human Rights and thus survive any similar challenges in the future.
Given the labor-intensive and confrontational nature of this challenge process, the court-martial
panel members represented a significant obstacle between an accused and a fair trial.
NJP is an indispensable tool used to maintain good order and discipline while also promoting positive behavior changes in the member without the stigma of a court-martial
that would restrict court-martial
jurisdiction overall or for certain
According to a newspaper report in the European edition of Stars and Stripes, PVT Brennan served his sentence for this third court-martial
at the stockade located at William O.
The US Court of Appeals for the Armed Forces ousted the previous judge, Col Gregory Gross, saying he appeared biased against Hasan, and also threw out his order to have Hasan's beard forcibly shaved before his court-martial
is due to take place in Texas and, if convicted, Hasan could face a death sentence.
Gapasin served as the primary advisor to the Special Court-Martial
Convening Authority and subordinate commanders on cases in which he served as the lead prosecutor.