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MILITARY COMMISSION
CRIMES: Defined by the Defense Department
PRESIDING OFFICIAL: A military lawyer, called a judge advocate, who is appointed and acts as a member the panel.
DELIBERATORS: A panel of three to seven military officers.
DEFENSE : Appointed by the defense secretary or someone he names as the appointing authority.
RULES OF EVIDENCE: A military lawyer is assigned to represent the accused, who can hire a civilian lawyer as well. The civilian lawyer could be barred from sensitive proceedings and evidence. The presiding officer decides whether admit or exclude evidence. There are rules governing suppression of evidence.
SECRECY: The presiding officer has broad discretion to close the proceedings.
DECISIONS: Conviction and sentencing require a two thirds vote.
DEATH SENTENCE: Only by unanimous vote of a commission of seven members.
RIGHT OF APPEAL: The accused cannot appeal to a civilian court. A review panel of three military officers or commissioned civilians, including judge, can recommend new proceedings.
FEDERAL CRIMINAL COURT
CRIMES: Defined by Congress and state legislatures
PRESIDING OFFICIAL: A federal judge, nominated by the president, confirmed by the Senate and appointed for life.
DELIBERATORS: A jury of 12 civilians, randomly drawn from voter lists, sometimes combined with driver lists. The lawyer for the accused can eliminate potential jurors.
DEFENSE: The Constitution requires that the judge appoint a defense attorney if the accused cannot afford one.
RULES OF EVIDENCE: Federal rules and case law exclude certain types of evidence, such as hearsay and illegally obtained statements.
SECRECY: The Constitution guarantees a public trial, except in certain cases, normally involving children.
DECISIONS: Must be unanimous in conviction and sentencing.
DEATH SENTENCE: As in all sentencing, the jury must be unanimous.
RIGHT OF APPEAL: The accused has the right to appeal the conviction or sentence to a higher (appellate) court.
Sources: U.S. Department of Defense, National Institute of Military Justice, FindLaw, Cornell Law School
A civilian tribunal is a judicial body that tries civilians for violating the law, while a court martial is a military tribunal that tries military personnel for offenses under military law. Civilian tribunals operate under civilian laws and procedures, while court martials follow military laws and procedures established by the military justice system.
A civilian tribunal comprises of civilians and tries civilians, whereas a military tribunal comprises of military officers. Military tribunals have jurisdiction to try persons captured by the military, and those who have violated laws of war.
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What is another word for tribunal?
courtroom, court of law, motor lodge, court, judicial system, courtyard, court of justice, homage, judicatory, law court, judgeship, judiciary, motor inn, administration, motor hotel, tribunal, royal court, tourist court, judicature are all synonyms for tribunal."tribunal." Synonyms.net. STANDS4 LLC, 2009. 9 December. 2009. http://www.synonyms.net/synonym/tribunal
What is a Catholic tribunal?
A Catholic tribunal is a church court that deals with certain matters relating to Canon Law, such as marriage annulments. It is responsible for resolving disputes and making decisions according to the teachings and laws of the Catholic Church. The tribunal is made up of clerics and other experts in Canon Law.
A general court-martial must be convened by?
A general court-martial must be convened by a commanding officer of a general or flag officer rank, typically a general court-martial convening authority. This authority has the power to assemble a panel of officers to conduct a general court-martial in accordance with military legal procedures and regulations.
Difference between trial court and tribunal?
A trial court is a court where cases are initially heard and decided, typically involving civil or criminal matters. A tribunal is a specific type of court or administrative body set up to handle disputes or specific types of cases, often outside the traditional court system. While trial courts are part of the formal judicial system, tribunals may have more specialized jurisdiction or functions.
Can a 19 year old marine get court marshalled for dating a minor?
Yes, a 19 year old Marine can face consequences under the Uniform Code of Military Justice if they are found to be dating a minor, as it is illegal and against military regulations. The Marine could potentially face charges, including court martial, depending on the circumstances and the severity of the situation.
What is another term for military trial?
Court martial, military tribunal
What is a court made up of non military judges?
civilian tribunal
What is a special court-martial?
equivalent to a misdemeanor court in the civilian criminal court system
What is a special court martial?
equivalent to a misdemeanor court in the civilian criminal court system
What is member of a general court-martial equivalent to?
civilian juror
Can a court martial retire midterm?
A court martial is simply a military court. There is no such thing as a mid-term in a military court any more than there is in a civilian court.
Can a summary court martial be deemed as a felony in the civilian sector?
A summary court martial is a trial proceeding. If convicted by the court, the serviceman will have a Federal Felony on their criminal record.
An appeal of a court martial decision would come before the?
If an individual decided to appeal a court-martial, it would come before the Court of Military Appeals. It is a civilian court made up of three judges.
What is the difference between military tribunals and court martial?
A military tribunal is where a military court has jurisdiction over enemy combatants, or people who are in military custody or have been accused of war crimes. Courts martials have jurisdiction over its own military members.
What kind of court tries members of the armed forces?
This is usually carried out by a "Military Tribunal", but may also be done by a senior officer, or in some cases, by a standard criminal or civil court. Many times it is simply called a "court martial", which means military court. This is where the term "court martial" comes from, as in "The soldier was court martialled,"
Do US military personnel have the same constitutional rights in a court-martial as they do in civilian court?
US military personnel DO have Constitutional rights but in many respects the Uniform Code of Military Justice (UCMJ) does not parallel the civilian court system. The two are not really comparable.
Who represents the accused during a court martial?
Either a civilian lawyer hired by the accused or a military lawyer provided by JAG.
