Proceedings and Report of Special War Department Board on Courts-martial and Their ProcedureU.S. Government Printing Office, 1919 - 40 páginas In May 1919, the War Department convened a board of officers in order to consider all recommendations looking to the improvement of the system of military justice, and to recommend to the War Department any changes in the Articles of War and administration of military justice in the Army that the board members believed to be necessary. The board of officers consisted of Maj. Gen. Francis J. Kernan, United States Army, Maj. Gen. John F. O'Ryan, New York National Guard, and Lt. Col. Hugh W. Ogden, judge advocate. Lt. Col. F. M. Barrows served as board recorder. The board invited all officers in command who currently exercised general court-martial jurisdiction, or who had exercised it, as well as all judge advocates, to make recommendations regarding the improvement of the system of military justice. Their report and recommendations, Proceedings and Report of Special War Department Board on Courts-Martial and Their Procedure, was issued on July 17, 1919. |
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accused adjudged advo amendment appointed arrest or confinement Articles of War assistant judge advocate board believes brought to trial changes proposed civil Commander in Chief commanding officer COMMENT.-The Chamberlain bill Continental Army convened convicted damages deceased defense counsel DEPARTMENT BOARD disciplinary punishments discipline District of Columbia duty effects enlisted existing article EXISTING LAW F. J. KERNAN fense findings or sentence finement grade guilty jurisdiction law of war manding officer Marine Corps ment military commissions military justice military law military tribunals minor offenses noncommissioned officers O'RYAN oath or affirmation opinion penitentiary peremptory challenge person subject placed in arrest President procedure proceedings proposed article proposed change proposed in article PROPOSED LAW Provided provost courts rank recommendations record Regular Army Secretary of War served sion special court-martial SPECIAL WAR DEPARTMENT subject to military suffer death summary court summary court-martial swear or affirm thereof tion United vote
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Página 22 - The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other military tribunals of concurrent Jurisdiction In respect of offenders or offenses that by statute or by the law of war may be triable by such military commissions, provost courts, or other military tribunals.
Página 40 - In the absence of such assignment by the President, officers of the same grade shall rank and have precedence in the following order, without regard to date of rank or commission as between officers of different classes, namely: First, officers of the Regular Army and officers of the Marine Corps detached for service with the Army by order of the President; second, officers of forces drafted or called into service of the United States; and, third, officers of the volunteer forces...
Página 17 - States naval jurisdiction, unless otherwise specifically provided by law. "(a) All officers and soldiers belonging to the Regular Army of the United States ; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms o'f the call, draft, or order to obey the same...
Página 17 - All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retainers and persons accompanying or serving with the armies of the United States...
Página 34 - In time of peace no person shall, against his objection, be brought to trial before a genera.l court-martial within a period of five days subsequent to the service of charges upon him.
Página 33 - No officer or soldier put in arrest shall be continued in confinement more than eight days, or until such time as a court-martial can be assembled.
Página 33 - When an officer is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whos-e order he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest...
Página 33 - ... days after his arrest, and that he is brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days.
Página 29 - ... authorized may be served in any penitentiary directly or indirectly under the jurisdiction of the United States: Provided further, That persons sentenced to dishonorable discharge and to confinement, not in a penitentiary...
Página 37 - ... power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board...