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Simple English definitions for legal terms

court-martial

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A quick definition of court-martial:

A court-martial is a type of trial for members of the military who break military laws. There are three types of courts-martial: general, special, and summary. The type of court-martial depends on the seriousness of the offense. General courts-martial have the most serious punishments, including life imprisonment or death. Special courts-martial have less serious punishments, and summary courts-martial have the least serious punishments. The accused has the right to be represented by a lawyer, either a civilian or military lawyer.

A more thorough explanation:

A court-martial is a legal proceeding where members of the military are tried for breaking military laws. There are three types of courts-martial: general, special, and summary. The jurisdiction of the court-martial depends on the seriousness of the offense and the allowable penalty under the Uniform Code of Military Justice (UCMJ).

Courts-martial have a limited jurisdiction and can only try members of the armed forces. There are three prerequisites for jurisdiction to vest: jurisdiction over the offense, personal jurisdiction over the accused, and a properly convened and composed court-martial. The UCMJ and the Rules for Courts-Martial specify who may convene a court-martial.

  • General Courts-Martial: These courts have jurisdiction to try any offense punishable by the UCMJ. They consist of a military judge and at least five members (jurors) or only a military judge if the accused requests it in writing. General courts-martial can adjudge punishment ranging from a dishonorable discharge to life imprisonment or death by lethal injection.
  • Special Courts-Martial: These courts have jurisdiction to try noncapital offenses punishable by the UCMJ and, under certain regulations, capital offenses. They consist of at least three members or a military judge and at least three members. Special courts-martial can adjudge incarceration up to six months.
  • Summary Courts-Martial: These courts have jurisdiction to try noncapital offenses punishable by the UCMJ, except for officers, cadets, aviation cadets, and midshipmen. They consist of one commissioned officer and can only impose a maximum of one month's confinement.

The accused has the right to be represented by counsel before a general or special court-martial. They can choose to be represented by civilian counsel or military counsel if reasonably available. All military defense counsel are licensed attorneys who have received specialized training in military law.

An example of a court-martial is when a soldier is tried for desertion. If found guilty, they could face a dishonorable discharge or even imprisonment. The type of court-martial would depend on the seriousness of the offense and the allowable penalty under the UCMJ.

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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