court-martial, nor any other commanding officer, shall censure,
to prescribe the punishments which a
court-martial may impose within the
That
court-martial was later adjourned until April 6, two days before a parliamentary general election in which Fonseka is a candidate.
While endemic racism in the Union army tainted the disciplinary process on other levels, the records reveal that officers on general
court-martial panels wrestled with providing fair judicial process to black defendants while maintaining discipline so that African American soldiers received equal treatment and justice in cases involving capital-level crimes.
A special
court-martial, with maximum punishment of confinement for a year, is less severe than a general
court-martial, which handles the most serious offenses, but tougher than a summary court martial, where maximum punishment is 30 days confinement.
This has affected both the established
court-martial system and military commissions (14)--an entirely distinct process from the
court-martial system with which our Court deals.
Jenkins will be tried in a hearing of the general
court-martial, the highest-level court among three kinds of courts-martial, Shima said.
Two other senior officers who were on duty are also expected to face
court-martial later this year.
In
court-martial proceedings, by way of contrast, death sentences can only be imposed by a unanimous vote.
''What the Japanese culture doesn't understand (is) had this gone to a
court-martial the rules of evidence are such that it more than likely would have resulted in an acquittal, and that would have further enraged the Japanese population,'' he said.
Instead, he was tried by
court-martial in 1991 and sentenced to two years' imprisonment.
The news came on March 4--the day before Saragosa's
court-martial was scheduled to begin.