Military Instructors Manual Part 25

PERSONS SUBJECT TO MILITARY LAW:

(1) All officers and soldiers of the Regular Army.

(2) All volunteers in the service of the U.S.

(3) All other persons lawfully called, drafted or ordered into such service.

(4) West Point cadets.

(5) Officers and soldiers of the Marine Corps when detached for service with the army, by order of the President.

(6) All retainers to the camp, or accompanying or serving with the army in time of war, both within and without territorial jurisdiction of U.S.

(7) All persons under sentence by court-martial.

ARTICLES 3-18.

COURTS MARTIAL CLa.s.sIFIED:

(A) General Courts Martial.

Appointed by (1) President, (2) Commanding officer of department or territorial division.

(3) Commanding officer of separate army division brigade.

(4) Commanding officer of district or force empowered by President.

Jurisdiction.

Over all persons subject to Military Law as regards all offenses punishable by Military Law.

Sentence.

Everything.

(B) Special Courts Martials (3 to 5 officers inclusive).

Appointed by (1) Commanding officer of district, garrison, fort or camp.

(2) Commanding officer of brigade, detached battalion.

Jurisdiction.

Over any person subject to military law (except an officer), and for any crime not capital. (Only soldiers excluding those having certificate of eligibility for promotion.) Sentence.

(1) No power to adjudge dishonorable discharge.

(2) No confinement in excess of six (6) months.

(3) No forfeiture of pay in excess of six (6) months.

(C) Summary Courts Martial (one (1) officer).

Appointed by (1) Commanding officer of garrison, fort, camp, etc.

(2) Commanding officer of regiment, detached battalion, etc.

(N.B.) When but one (1) officer is present with command he shall be the summary court martial.

Jurisdiction.

(1) Only privates holding no certificate of eligibility for promotion--and (2) For crimes not capital.

Sentence.

(1) Confinement not over 3 months.

(2) No dishonorable discharge.

(3) No punishment over one (1) month without higher authority.

METHOD OF ENTERING A CHARGE AGAINST A MAN:

Example:

Charge: Violation of the ---- Article of War.

Specification: In that (rank, name, organization) did at (place) on or about (date) etc. (brief description of offence committed).

Signed (Name) (Rank and Branch of Service)

In cases where there are more than one charge the number of each A.W.

is put down in the charge. A description of each offence is put down separately under SPECIFICATION.

Note that double lines are drawn under CHARGE, single line under SPECIFICATION.

GENERAL REMARKS:

The three (3) Courts Martial are alike in the following:

(a) Composed only of officers of Army or Marine Corps on detached service with the Army by order of the President.

(b) Pa.s.s upon both law and fact.

(c) Criminal Courts only.

(d) Unable to promulgate any finding that does not require approval of appointing authority.

The three (3) Courts Martial differ in the following:

(a) Number of members.

(b) Appointing authority.

(c) Punishments.

ARTICLE 31.

ORDER OF VOTING:

Members in General or Special Courts Martial shall vote from junior to senior.

ARTICLE 39.

LIMITATIONS UPON PROSECUTIONS:

Military offences fall into three (3) groups:

(1) War desertion, mutiny, murder. Have no limitations.

(2) Burglary, etc. (A W. 93) and frauds against Government (A.W.

94). Prosecution limited to 3 years.

(3) All other offences. 2 years.

In some cases the Statute of Limitations is suspended (A.W. 39), especially in cases of absence from the United States.

The following Articles of War are the important ones for officers to be acquainted with in the ordinary course of his duties: