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He was brought before a court-martial in 2007 which ended in a mistrial; the Army subsequently discharged him under "Other-Than-Honorable-Conditions" (OTH) in 2009. [5] An OTH discharge is the least favorable type of administrative discharge from the Army, and is reserved for a "pattern of behavior that constitutes a significant departure from ...
A general court-martial is the only forum that may adjudge a sentence to death. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused; this is the equivalent to a civilian grand jury process. An accused before a general ...
A United States military "jury" (or "members", in military parlance) serves a function similar to an American civilian jury, but with several notable differences.Only a general court-martial (which may impose any sentences, from dishonorable discharge to death [1]) or special court-martial (which can impose sentences of up to one year of confinement and bad-conduct discharge [2]) includes members.
A dishonorable discharge (DD) is a punitive discharge that can only be handed down at a general court-martial after conviction(s) of serious offenses (e.g., felony-like crimes such as desertion before an enemy, drug distribution, sexual assault, murder, etc.) by a military judge or panel (jury).
This is a list of Supreme Court of the United States cases in the areas of military justice, national security, and other aspects of war. This list is a list solely of United States Supreme Court decisions about applying law related to war.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States.The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and ...
Capt. Stephanie Evans said at Tuesday's hearing that a court-martial was appropriate given that obeying orders “is at the absolute core of everything we do in the U.S. military” and that ...
The Manual for Courts-Martial (MCM) is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law established in the statute Uniform Code of Military Justice (UCMJ). It gathers both executive orders as well as ...