Earlier, a three-star retired general had been sentenced to 14 years in jail and a retired brigadier awarded the death sentence by field general courts-martial
on charges of espionage and leaking 'sensitive information' to foreign agencies.
While military legal practitioners today assume that there has always been a manual to guide those prosecuting, defending, and judging courts-martial
, nothing could be further from the truth: It was not until 1895 that an official Manual for Courts-Martial
was published by the Army.
Investigations started months after the incident led to courts-martial
charges ranging from murder to dereliction of duty for the eight Marines involved in the killings and aftermath.
were highly unprofessional tribunals that operated very
Rules for Courts-Martial
(RCM), the Military Rules of Evidence (MRE),
Army Joint Multinational Command office in Germany, Staff Sergeant Jess Cunningham, 27, and Sergeant Charles Quigley, 28, both formerly of the 1st Battalion, 18th Infantry Regiment, will face the charges at a general courts-martial
Instead, as did many other courts-martial
that dealt with black mutineers, the panel that tried Baker attempted to balance between the legitimacy of the men's frustration while also maintaining the rule of law and military discipline and it sentenced Baker to death.
and the Manual for Courts-Martial
which implements it, have been anything but static documents.
Jenkins will be tried in a hearing of the general court-martial, the highest-level court among three kinds of courts-martial
, Shima said.
The verdicts of such tribunals, which, according to Bush's order, may not be appealed in the civilian court system, will be based on much lower standards of evidence than even regular courts-martial
. Both convictions and sentencings will require only a two-thirds majority, as compared to the civilian legal standard of a unanimous verdict for a conviction and the court-martial requirement of unanimous consent for the death penalty.
"Of particular interest are papers about notable courts-martial
, influential judge advocates, and comparisons of the military and civilian justice system.
To put the problem into perspective, it is necessary to look at the origins of courts-martial
, which have evolved over some 300 years.