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Military Jury
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 Courts-martial in the United States, general court-martial (which may impose any sentences, from dishonorable discharge to death) or Courts-martial in the United States, special court-martial (which can impose sentences of up to one year of confinement and bad-conduct discharge) includes members. There are no members in a trial by Courts-martial in the United States, summary court-martial (which can impose sentences of up to 30 days of confinement). If the defendant at a general or special court-martial chooses to be tried by members rather than by a Bench trial, military judge alone, the members are responsible for rendering the verdict, while the judge renders the sentence in a non-capital case. In capital cases they also render the sentence or may refer the decision to the judge for a lower sentence. The charges a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Parlance
Military parlance is the vernacular used within the military and embraces all aspects of service life; it can be described as both a "code" and a "classification" of something. Like many close and closed communities, the language used can often be full of jargon and not readily intelligible to outsiders—sometimes this is for military operational or security reasons; other times it is because of the natural evolution of the day-to-day language used in the various units. For example: "Captain, this situation is 'Scale A'", "Scale A" being an army's parlance for "This situation requires the closest of attention and resources and all members of relevance should be present." The military has developed its own slang, partly as means of self-identification. This slang is also used to reinforce the (usually friendly) interservice rivalries. Some terms are derogatory to varying degrees and many service personnel take some pleasure in the sense of shared hardships which they endure and wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial In The United States
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). They can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial (RCM), Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states. Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers representing the government and the accused present the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonorable Discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge. United Kingdom There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bench Trial
A bench trial is a trial by judge, as opposed to a jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman, Islamic) use bench trials for most or all cases or for certain types of cases. As a jury renders a verdict, in a bench trial, a judge does the same by making a finding. United Kingdom England and Wales Most civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge ( magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Scotland Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either the outer or inne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge Advocate
Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions. Australia The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that provide specific legal advice to commanders and general legal advice to all ranks. They must be admitted to practice as Australian Legal Practitioners. Canada The Office of the Judge Advocate General for the Canadian Forces provides legal advice to commanders at bases and wings, provides lawyers who defend accused persons at courts martial, teaches courses to other CF members or advises a commanding officer in an operational theatre to uphold the ethical and legal principles established by both the Canadian Forces and the Government of Canada. The current JAG of the Canadian Forces is Rear-Admiral G. Bernatchez. Denmark The Military Prosecution Service or Judge Advocate General's Corps (, short FAUK) is a Danish independent military pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death Penalty
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Etymologically, the term ''capital'' (, derived via the Latin ' from ', "head") refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing. Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Officer (armed Forces)
An officer is a person who holds a position of authority as a member of an Military, armed force or Uniformed services, uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer (NCO), or a warrant officer. However, absent contextual qualification, the term typically refers only to a force's ''commissioned officers'', the more senior members who derive their authority from a Commission (document), commission from the head of state. Numbers The proportion of officers varies greatly. Commissioned officers typically make up between an eighth and a fifth of modern armed forces personnel. In 2013, officers were the senior 17% of the British armed forces, and the senior 13.7% of the French armed forces. In 2012, officers made up about 18% of the German armed forces, and about 17.2% of the United States armed forces. Historically armed forces have generally had much lower proportions of officers. During the First World War, fewer than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warrant Officer
Warrant officer (WO) is a Military rank, rank or category of ranks in the armed forces of many countries. Depending on the country, service, or historical context, warrant officers are sometimes classified as the most junior of the commissioned officer ranks, the most senior of the non-commissioned officer (NCO) ranks, or in a separate category of their own. Warrant officer ranks are especially prominent in the militaries of Commonwealth of Nations, Commonwealth nations and the United States. The name of the rank originated in England in the Middle Ages, medieval England. It was first used during the 13th century, in the Royal Navy, where warrant officers achieved the designation by virtue of their accrued experience or seniority, and technically held the rank by a warrant (law)#United Kingdom, warrant, rather than by a formal Commission (document), commission (as in the case of a commissioned officer). Nevertheless, WOs in the British services have traditionally been considered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hung Jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again. This situation can occur only in common law legal systems. Civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a singular, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Code Of Military Justice
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 Regulation of the land and naval forces" of the United States. History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
