court-martial

A court-martial is not yet an independent instrument of justice but remains to a significant degree a specialized part of the overall mechanism by which military discipline is preserved.

A military or naval tribunal, which has jurisdiction of offenses against the law of the service, military or naval, in which the offender is engaged. The original tribunal, for which courtsmartial are a partial substitute, was the court of chivalry (q. v.) These courts exist and have their jurisdiction by virtue of the military law, the court being constituted and empowered to act in each instance by authority from a commanding officer. The general principles applicable to courts-martial in the army and navy are essentially the same, and, for consideration of the exact distinctions between them, reference must be had to the works of writers upon these subjects. Courts-martial for the regulation of the militia are held in the various states under local statutes, which resemble in their main features those provided for in the army of the United States; and when in actual service, the militia, like the regular troops, are subject to_ courts-martial, composed, however, of militia officers. As to their constitution and jurisdiction, these courts may belong to one of the following classes: (1) General, which have jurisdiction over every species of offense of which courtsmartial have jurisdiction. They are to be composed in the United States of not less than five nor more than thirteen commissioned officers of suitable rank, according to the exigencies of the service, and in England of not less than thirteen commissioned officers, except in special cases, and usually do consist of more than that number. (2) Regimental, which have jurisdiction of some minor offenses occurring in a regiment or corps. They consist in the United commissioned officers, when that number can be assembled without detriment to the service, and of not less than three, in any event. The jurisdiction of this class of courts-martial extends only to offenses less than capital committed by those below the rank of commissioned officers, and their decision is subject to revision by the commanding officer of the division, regiment, or detachment, by the officer who appointed them, or by certain superior officers. (3) Garrison, which have jurisdiction of some minor offenses occurring in a garrison, fort, or barracks. They are of the same constitution as to number and qualifications of members as regimental courts-martial. Their limits of jurisdiction in degree are the same, and their decisions are in a similar manner subject to revision. (4) Summary, of limited jurisdiction, for the trial of minor offenses.

A military court, convened under authority of government and the articles of war, for trying and punishing military offenses committed by soldiers or suilors in the army or navy.

A court held m the military and naval service, for the trial and punishment of offences against the regulations of the service.* 1 BL Com, 416. Crahb'e Hist. Eng. Law, 653. The court of the constable and marshal was the earliest military or martial court in England, but courts martial, in their present form, do not appear to have been introduced before the reign of James II. Id, ibid,

is a court authorised by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article, 64, directs that general courts-martial, may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be convened, without manifest injury to the service. Vide Gord. Dig. Laws U.S., art. 3331 to 3357; 2 Story,