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SUBCHAPTER IV. COURT-MARTIAL JURISDICTION
816. 16. Courts-Martial classified.
817. 17.
Jurisdiction of courts-martial in general
818. 18.
Jurisdiction of general courts-martial.
819. 19.
Jurisdiction of special courts-martial.
820. 20.
Jurisdiction of summary courts-martial.
821.
21. Jurisdiction of courts-martial not exclusive.
The three kinds of courts-martial in each of the armed forces
are--
(1) general courts-martial, consisting of--
(A) a military judge and not less than five members; or
(B) only a military judge, if before the court is assembled
the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the
record or in writing a court composed only of a military judge
and the military judge approves;
(2) special courts-martial, consisting of--
(A) not less than three members; or
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the
court, and the accused under the same conditions as those
prescribed in clause (1)(B) so requests; and
(3) summary courts-martial, consisting of one commissioned
officer.
817. ARTICLE 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
(a) Each armed force has court-martial jurisdiction over all
persons subject to this chapter. The exercise of jurisdiction by
one armed force over personnel of another armed force shall be
in accordance with regulations prescribed by the President.
(b) In all cases, departmental review after that by the
officer with authority to convene a general court-martial for
the command which held the trial, where that review is required
under this chapter, shall be carried out by the department that
includes the armed force of which the accused is a member.
818. ARTICLE 18. JURISDICTION OF GENERAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), general
courts-martial have jurisdiction to try persons subject to this
chapter for any offense made punishable by this chapter and may,
under such limitations as the President may prescribe, adjudge
any punishment not forbidden by this chapter, including the
penalty of death when specifically authorized by this chapter.
General courts-martial also have jurisdiction to try any person
who by the law of war is subject to trial by a military tribunal
and may adjudge any punishment permitted by the law of war.
However, a general court-martial of the kind specified in
section 816(1)(B) of this title (article 16(1)(B)) shall not
have jurisdiction to try any person for any offense for which
the death penalty may be adjudged unless the case has been
previously referred to trial as noncapital case.
ARTICLE 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), special
courts-martial have jurisdiction to try persons subject to this
chapter for any noncapital offense made punishable by this
chapter and, under such regulations as the President may
prescribe, for capital offenses. Special courts-martial may,
under such limitations as the President may prescribe, adjudge
any punishment not forbidden by this chapter except death,
dishonorable discharge, dismissal, confinement for more than six
months, hard labor without confinement for more than three
months, forfeiture of pay exceeding two-thirds pay per month, or
forfeiture of pay for more than six months. A bad-conduct
discharge may not be adjudged unless a complete record of the
proceedings and testimony has been made, counsel having the
qualifications prescribed under section 827(b) of this title
(article 27(b)) was detailed to represent the accused, and a
military judge was detailed to the trial, except in any case in
which a military judge could not be detailed to the trial, the
convening authority shall make a detailed written statement, to
be appended to the record, stating the reason or reasons a
military judge could not be detailed.
820 ARTICLE 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
Subject to section 817 of this title (article 17), summary
courts-martial have jurisdiction to try persons subject to this
chapter, except officers, cadets, aviation cadets, and
midshipman, for any noncapital offense made punishable by this
chapter. No person with respect to whom summary courts- martial
have jurisdiction may be brought to trial before a summary
court- martial if he objects thereto. If objection to trial by
summary court- martial is made by an accused, trial may be
ordered by special or general court-martial as may be
appropriate. Summary courts-martial may, under such limitations
as the President may prescribe, adjudge any punishment not
forbidden by this chapter except death, dismissal, dishonorable
or bad- conduct discharge, confinement for more than one month,
hard labor without confinement for more than 45 days,
restrictions to specified limits for more than two months, or
forfeiture of more than two-thirds of one month's pay.
821. ARTICLE 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE
The provisions of this chapter conferring jurisdiction upon
courts- martial do not deprive military commissions, provost
courts, or other military tribunals of concurrent jurisdiction
with respect to offenders or offenses that by statute or by the
law of war may be tried by military commissions, provost courts,
or other military tribunals. |
