A court martial is a special court case for members of the military. When a person is charged with a crime in the armed forces, they are usually court-martialed. Court martial is written with a hyphen in American language, whether used as a noun or verb. [4] In British language, however, a hyphen is used to distinguish the noun “court martial” and the verb “court martial.” [5] Late 14th century, “warrior, of or in connection with war”, from the medieval Latin martialis “of Mars or war”, from the Latin Mars (genitive Martis), Roman god of war (see Mars). The feeling of being “associated with military organizations” (as opposed to civilian organizations) dates back to the late 15th century and survives before the court martial. Also occasionally (with a capital M-), “which refers to or resembles the planet Mars” (1620s). Related: Martially. Martial law, “military rule over civilians,” was first recorded in the 1530s. Martial Arts (1909) as a collective name for the martial arts of Japan and the surrounding region translates Japanese bujutsu. Most navies have a standard court martial that meets when a ship is lost; This does not presuppose that the master is suspected of misconduct, but only that the circumstances of the loss of the vessel are part of official protocol. Most armed forces maintain a judicial system that tries defendants for violating military discipline. Some countries, such as France, do not have peacetime courts martial and instead use civil courts. [3] Britannica.com: Encyclopedia Articles on Courts Martial Subscribe to the largest dictionary in the United States and get thousands of additional definitions and advanced search – ad-free! In Herman Melville`s short story Billy Budd (first published in 1924), the title character is sentenced to death in court martial for beating and killing his superior aboard HMS Indomitable, sentenced to death and hanged.
The short story was adapted for stage, film and television; especially in Benjamin Britten`s 1951 opera Billy Budd.Thesaurus: All synonyms and antonyms of the actual court martial are introduced only during a war by government decree. These courts martial are responsible for all crimes committed by military personnel. In addition, they may initiate criminal proceedings against civilians in areas where ordinary courts have ceased their activities if the case is urgent. These courts martial have a learned judge as president and two soldiers: an officer and a non-commissioned officer, a warrant officer or a private soldier. Judgments of a court martial may be appealed to a court of appeal. [7]: Chap. 6 New Zealand Defence Force military personnel are brought before a court martial for offences relating to the most serious offences under the Armed Forces Discipline Act 1971. Offences such as mutiny, murder, sexual offences, aggravated assault, drug offences or offences for which the maximum penalty exceeds a 7-year prison sentence are tried before a court martial.
Below this threshold of 7 years, the accused is treated by his commander in a so-called summary trial. A court martial or court martial (plural court martial or court martial, since “martial” is a post-positive adjective) is a military case before such a court. A court martial has the power to establish the guilt of members of the armed forces subject to military law and, if the accused is convicted, to rule on the sentence. In addition, courts martial can be used to bring prisoners of war to justice for war crimes. The Geneva Conventions require that prisoners of war tried for war crimes be subject to the same procedures as the detaining army`s own armed forces. Finally, courts martial may be convened for other purposes, e.B. for violations of martial law, and include civil defendants. [1] [2] Generally, a court martial takes the form of a trial with a presiding judge, a prosecutor and a defence lawyer (all trained lawyers as well as officers). The exact format varies from country to country and may also depend on the seriousness of the allegation. “Court Martial”.
Merriam-Webster.com dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/court-martial. Accessed January 14, 2022. In C.S. Forester`s 1938 novel Flying Colours, Captain Horatio Hornblower is court-martialed for the loss of HMS Sutherland. He was “very honorably acquitted.” Court martial is the official name of a military court or a trial within that type of court. Active military personnel are subject to a set of laws distinct from civilians, and part of this military trial involves facing a judge before a court martial. Crimes such as theft and assault are treated in this way, as are army-specific crimes such as desertion. Martial means “in relation to war”. Courts martial have the power to convict a wide range of military crimes, many of which are very similar to civilian crimes such as fraud, theft or perjury. Others, such as cowardice, desertion and insubordination, are purely military crimes. Military offences are defined in the Armed Forces Act 2006 for members of the British Army. The regulations of the Canadian Armed Forces can be found in the Queen`s Regulations and Orders in Council and in the National Defence Act.
For members of the United States Armed Forces, the crimes fall under the Uniform Code of Military Justice (UCMJ). These offences, together with the corresponding penalties and instructions for the execution of a court martial, are explained in detail depending on the country and/or service. The court martial is one of the military courts of the United Kingdom. The Armed Forces Act 2006 makes the court martial a permanent permanent court. Previously, courts martial were convened on an ad hoc basis with several traditions, including the use of swords. The court martial may order any contravention of the Services Act. [18] The court consists of counsel for a judge and three to seven officials and arrest warrant officers (depending on the seriousness of the crime). [19] Decisions on legal matters are made solely by the judge`s counsel, while decisions on facts are made by a majority of the members of the court, excluding the judge`s counsel, and decisions on the judgment are made by a majority of the court, this time including the judge`s counsel. [20] Nglish: Translation of court martial for Spanish speakers Most often, courts martial are convened in the United States to convict members of the U.S. military for violating the Uniform Code of Military Justice (UCMJ).
However, they may also be summoned for other purposes, including military courts and the application of martial law in occupied territory. Courts martial are subject to the rules of procedure and evidence set out in the Court Martial Manual, which contains court martial rules, military rules of evidence and other guidelines. There are three types: Special, Summary, and General. Under the Singapore Armed Forces Act,[13] any appointed officer may represent soldiers if they are charged with military offences before military courts. Cases will be heard at the Court Martial Centre at Camp II in Kranji. [14] [15] Courts martial in Singapore include that of Captain G. R. Wadsworth in 1946 due to the use of rebellious language[16] and in the present era the misconduct of enlisted soldiers. [17] He also notes that the Audiencia practically does not exist and therefore there is no Supreme Court before which justice can be sought. also court martial, “court of military or naval officers, in cases of desertion, mutiny, etc. to be negotiated”, 1650s (plural court martial), originally court martial (1570s), by court (n.) + martial (adj.).
The sequence of words has changed according to the model of the French court martial. As a verb, from 1859. Related: Court martial. Middle English had a spiritual court “ecclesiastical court” (late 15th century). If the case does not warrant a penalty in excess of a fine or disciplinary sanction, the penalty shall be summarily imposed by the company, battalion or brigade commander, depending on the seriousness of the crime. If the brigade commander believes that the crime warrants a harsher sentence than he can impose, he or she refers the case to the local district attorney, who initiates the proceedings. [8]: §§46–48 In the Netherlands, military personnel are tried by a special military department of the Arnhem Civilian Court. This section consists of a military officer and two civilian judges. The decision to prosecute or not is mainly made by the Attorney General (civilian). [12] For crimes for which the army is responsible, the army conducts the investigation […].
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