Fundamentals of Military LawHeadquarters, Department of the Army, 1976 - 130 pages |
From inside the book
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Page 8
... exercise of discretion , within authorized limits , cannot be assigned for error and made the subject of review by an appellate court . We do not overlook the point that there must be jurisdiction to give the judgment rendered , as well ...
... exercise of discretion , within authorized limits , cannot be assigned for error and made the subject of review by an appellate court . We do not overlook the point that there must be jurisdiction to give the judgment rendered , as well ...
Page 9
... exercise of authority , we cannot correct it . A writ of habeas corpus cannot be made to perform the functions of a ... exercising an almost unrestrained and unlimited discretion in determining : who shall be tried , the prima facie ...
... exercise of authority , we cannot correct it . A writ of habeas corpus cannot be made to perform the functions of a ... exercising an almost unrestrained and unlimited discretion in determining : who shall be tried , the prima facie ...
Page 12
... exercise of military jurisdiction over offenses committed off - post . The Court's ruling in O'Callahan was consistent with the trend of Supreme Court decisions which had limited the scope of the exercise of military jurisdiction . The ...
... exercise of military jurisdiction over offenses committed off - post . The Court's ruling in O'Callahan was consistent with the trend of Supreme Court decisions which had limited the scope of the exercise of military jurisdiction . The ...
Page 14
... exercise its power to prescribe rules for society only after it is able to demonstrate that there is a compelling reason for the legislation proposed . In deciding if a compel- ling reason exists , the legislature must balance the ...
... exercise its power to prescribe rules for society only after it is able to demonstrate that there is a compelling reason for the legislation proposed . In deciding if a compel- ling reason exists , the legislature must balance the ...
Page 21
... exercise of his legal powers . One area , it is submitted , in which the commander can exercise his legal powers adversely to the accused is in the selection of jury mem- bers . There is no random selection of jury members in the ...
... exercise of his legal powers . One area , it is submitted , in which the commander can exercise his legal powers adversely to the accused is in the selection of jury mem- bers . There is no random selection of jury members in the ...
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Common terms and phrases
accused accused's action administrative alleged appropriate armed forces Article 134 Article 15 punishment Article 32 Investigation Articles of War board of officers charges civilian court Code of Military commissioned officer committed conduct confinement at hard Congress consent constitutional contract conviction Court of Military court-martial convening authority crime decision defense counsel determine discipline elimination evidence federal forfeiture Geneva Conventions hard labor imposed investigating officer judicial jurisdiction jurors jury law of war Legal Assistance Officer lowest enlisted grade Manual for Courts-Martial Military Appeals military judge military justice system military law Military Review military service misconduct nonjudicial punishment parents pay and allowances person plaintiff prisoner prisoners of war procedures proceedings provides reduction request rules sentence serviceman soldier special court-martial specific Staff Judge Advocate submit summary court-martial Supreme Court tion trial by court-martial tried UCMJ Uniform Code unit commander USCMA violation void voidable waive warrant witnesses
Popular passages
Page 97 - Persons taking no active part in the hostilities including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
Page 126 - ... shall not be deemed income for services performed within, or from sources within, such State, Territory, possession, political subdivision, or District, and personal property shall not be deemed to be located or present in or to have a situs for taxation...
Page 84 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 52 - Guard, who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State...
Page 96 - Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
Page 103 - I am bound to give only name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause. VI I will never forget that I am an American fighting man, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
Page 97 - ... the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Page 120 - ... may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in...
Page 83 - Article 38 1 . The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations ; d.
Page 65 - ... (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service...