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MILITARY COMMISSION
CRIMES: Defined by the Defense Department
PRESIDING OFFICIAL: A military lawyer, called a judge advocate, who is appointed and acts as a member the panel.
DELIBERATORS: A panel of three to seven military officers.
DEFENSE : Appointed by the defense secretary or someone he names as the appointing authority.
RULES OF EVIDENCE: A military lawyer is assigned to represent the accused, who can hire a civilian lawyer as well. The civilian lawyer could be barred from sensitive proceedings and evidence. The presiding officer decides whether admit or exclude evidence. There are rules governing suppression of evidence.
SECRECY: The presiding officer has broad discretion to close the proceedings.
DECISIONS: Conviction and sentencing require a two thirds vote.
DEATH SENTENCE: Only by unanimous vote of a commission of seven members.
RIGHT OF APPEAL: The accused cannot appeal to a civilian court. A review panel of three military officers or commissioned civilians, including judge, can recommend new proceedings.
FEDERAL CRIMINAL COURT
CRIMES: Defined by Congress and state legislatures
PRESIDING OFFICIAL: A federal judge, nominated by the president, confirmed by the Senate and appointed for life.
DELIBERATORS: A jury of 12 civilians, randomly drawn from voter lists, sometimes combined with driver lists. The lawyer for the accused can eliminate potential jurors.
DEFENSE: The Constitution requires that the judge appoint a defense attorney if the accused cannot afford one.
RULES OF EVIDENCE: Federal rules and case law exclude certain types of evidence, such as hearsay and illegally obtained statements.
SECRECY: The Constitution guarantees a public trial, except in certain cases, normally involving children.
DECISIONS: Must be unanimous in conviction and sentencing.
DEATH SENTENCE: As in all sentencing, the jury must be unanimous.
RIGHT OF APPEAL: The accused has the right to appeal the conviction or sentence to a higher (appellate) court.
Sources: U.S. Department of Defense, National Institute of Military Justice, FindLaw, Cornell Law School
Wiki User
∙ 13y ago
Wiki User
∙ 9y agoA civilian tribunal comprises of civilians and tries civilians, whereas a military tribunal comprises of military officers. Military tribunals have jurisdiction to try persons captured by the military, and those who have violated laws of war.
Wiki User
∙ 9y agoA military tribunal is where a military court has jurisdiction over enemy combatants, or people who are in military custody or have been accused of war crimes. Courts martials have jurisdiction over its own military members.
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What is another word for tribunal?
courtroom, court of law, motor lodge, court, judicial system, courtyard, court of justice, homage, judicatory, law court, judgeship, judiciary, motor inn, administration, motor hotel, tribunal, royal court, tourist court, judicature are all synonyms for tribunal."tribunal." Synonyms.net. STANDS4 LLC, 2009. 9 December. 2009. http://www.synonyms.net/synonym/tribunal
What's the difference between adjourn and remand?
Adjourn- to postpone or end a court proceeding. Remand- to send a case or claim back to the court or tribunal from which it came for some further action.
What is a Catholic tribunal?
The catholic church has tribunal courts that adjudicate matters of church law. For example, if you get divorced and then wanted to have your marriage annulled in the eyes of the church, the annulment would have to be declared by the tribunal court. The state's court has no authority over what the church recognizes.
Can a 19 year old marine get court marshalled for dating a minor?
If during their dating he breaks any laws; which he would by having any sort of sexual contact with her, then he can be arrested and put on trial. These are civil crimes, not military crimes so he would be tried in a civilian court, not by court martial.
Difference between trial court and tribunal?
Some differences between a court and a tribunal are:Tribunals are more straightforward when it comes to resolving disputes and have a more relaxed approach to the rules of evidence than courts. Courts on the other hand are more formal and have more elaborate rules on how cases should be runTribunals encourage and often require parties to speak on their own behalf. Lawyers are only permitted in special circumstances.Tribunals often specialise in resolving disputes in a particular area. Courts generally have the power to hear a much broader range of cases.It is usually much cheaper to resolve a dispute at a tribunal rather than have it litigated at court.hope that helped :)
What is another term for military trial?
Court martial, military tribunal
What is a court made up of non military judges?
civilian tribunal
What is a special court-martial?
equivalent to a misdemeanor court in the civilian criminal court system
What is a special court martial?
equivalent to a misdemeanor court in the civilian criminal court system
What is member of a general court-martial equivalent to?
civilian juror
Can a court martial retire midterm?
A court martial is simply a military court. There is no such thing as a mid-term in a military court any more than there is in a civilian court.
Can a summary court martial be deemed as a felony in the civilian sector?
A summary court martial is a trial proceeding. If convicted by the court, the serviceman will have a Federal Felony on their criminal record.
An appeal of a court martial decision would come before the?
If an individual decided to appeal a court-martial, it would come before the Court of Military Appeals. It is a civilian court made up of three judges.
What is the difference between military tribunals and court martial?
A military tribunal is where a military court has jurisdiction over enemy combatants, or people who are in military custody or have been accused of war crimes. Courts martials have jurisdiction over its own military members.
What kind of court tries members of the armed forces?
This is usually carried out by a "Military Tribunal", but may also be done by a senior officer, or in some cases, by a standard criminal or civil court. Many times it is simply called a "court martial", which means military court. This is where the term "court martial" comes from, as in "The soldier was court martialled,"
Do US military personnel have the same constitutional rights in a court-martial as they do in civilian court?
US military personnel DO have Constitutional rights but in many respects the Uniform Code of Military Justice (UCMJ) does not parallel the civilian court system. The two are not really comparable.
Who represents the accused during a court martial?
Either a civilian lawyer hired by the accused or a military lawyer provided by JAG.
