Fundamentals of Military LawHeadquarters, Department of the Army, 1976 - 130 pages |
From inside the book
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Page 2
... statement of crimes and punishments , ( b ) pretrial proceeding , ( c ) role of the commander ( d ) membership and selection of the court , ( e ) judicial functions , ( f ) defense counsel , ( g ) nature of the trial , and ( h ) post ...
... statement of crimes and punishments , ( b ) pretrial proceeding , ( c ) role of the commander ( d ) membership and selection of the court , ( e ) judicial functions , ( f ) defense counsel , ( g ) nature of the trial , and ( h ) post ...
Page 20
... statement and that any statement he makes may be used against him . Denial of the right to counsel during interrogation has also been proscribed by military tribunals . In enacting the Uniform Code of Military Justice , Congress created ...
... statement and that any statement he makes may be used against him . Denial of the right to counsel during interrogation has also been proscribed by military tribunals . In enacting the Uniform Code of Military Justice , Congress created ...
Page 27
... statement indicating that it has been imposed merely as an administrative measure and not as punish- ment under Article 15 . The advantage of using admonitions and reprimands is the personal contact between the commander and the soldier ...
... statement indicating that it has been imposed merely as an administrative measure and not as punish- ment under Article 15 . The advantage of using admonitions and reprimands is the personal contact between the commander and the soldier ...
Page 29
... statement in rebuttal . The grounds on which the commander based his decision and the rebut- tal statement of the soldier are forwarded to the appropriate approving authority for approval or disapproval . A recommendation to remove or ...
... statement in rebuttal . The grounds on which the commander based his decision and the rebut- tal statement of the soldier are forwarded to the appropriate approving authority for approval or disapproval . A recommendation to remove or ...
Page 30
... statements of the accused and witnesses , and the arguments of the accused's spokesman , the commander must determine whether the accused committed the alleged offense and whether the offense is a crime under the Uniform Code of ...
... statements of the accused and witnesses , and the arguments of the accused's spokesman , the commander must determine whether the accused committed the alleged offense and whether the offense is a crime under the Uniform Code of ...
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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...