|WikiProject Law||(Rated Start-class, High-importance)|
- 1 Equivalent to federal court convictions?
- 2 what punishments?
- 3 Six?
- 4 Delete Courts-martial in the U.S.
- 5 DCM can do how much???
- 6 Link removed
- 7 Virtually all militaries
- 8 Suggested retention of references re composition in further reading.
- 9 There is not a word of the fact that in many countries Court-martials are seen as an undemocratic insignia
Equivalent to federal court convictions?
- General and special court-martial convictions are equivalent to federal court convictions.
This sentence was not clear. Equivalent in what way? Tempshill 00:14, 8 May 2004 (UTC) While I know this is a very late response, they are equivalent in the sense of shared jurisdiction for purposes of double jeopardy. A trial by court-martial disallows trial by federal civil court and vice versa. 220.127.116.11 (talk) 03:44, 27 May 2009 (UTC)
This isn't very much information at all. I'd like to know the degree of various offenses and whatt punishments normally result for common offenses. For example - AWOL, insubordination, striking a commanding officer, fighting, etc.
- There is no capital punishment in the military, though immediately prior to its complete abolition in 1998, it was available for six offences: Serious Misconduct in Action; Communicating with the Enemy; Aiding the Enemy or Furnishing Supplies; Obstructing Operations or Giving False Air Signals; Mutiny, Incitement to Mutiny or Failure to Suppress a Mutiny.
Grave Breaches of the Geneva Convention are defined as war crimes, this includes murder (wilful killing). I am surprised at at least one war crime did not carry a death sentence. Or did civilian law apply? Andrew Swallow (talk) 23:29, 21 June 2009 (UTC)
Delete Courts-martial in the U.S.
My recommendation is to completely delete the section on courts-martial in the U.S. and simply leave a link to the main article. The main article is far more comprehensive and it seems redundant to have both. It duplicates the work to edit as well. Hadrian Penn 02:07, 18 August 2006 (UTC)
DCM can do how much???
"There are two types of courts-martial: the District Court-Martial (DCM) which may punish the accused with up to two years imprisonment and the General Court-Martial (GCM). A District Court-Martial which may punish the accused with up to life imprisonment if the offence is serious enough. "
1. The second sentence is not complete. 2. Which is it... "District Court-Martial (DCM) which may punish the accused with up to two years imprisonment" or " District Court-Martial which may punish the accused with up to life imprisonment"? Should the second sentence say 'a GENERAL Court-Martial'? If not, what can a GCM do?
Thanks - J
The final link on this page was utterly irrelevant to the article, so I have removed it. The linked page was: Court Martial of Sergeant Buff, if anyone wants to reinstate it - I'd reccomend reading the web page first though with the wikipedia article in mind! EyeSereneTALK 12:20, 4 May 2007 (UTC)
Virtually all militaries
"Virtually all militaries": would need some kind of proof. I know that France no longer has court-martials; they were replaced by courts staffed by personnel detached from the Ministry of Justice. David.Monniaux 05:21, 22 June 2007 (UTC)
- No, this is also the case in Germany. See http://www.senat.fr/lc/lc83/lc830.html (in french). There could be a few others. A proof would be useful. Polletfa (talk) 02:54, 22 May 2009 (UTC)
Suggested retention of references re composition in further reading.
Do people think references to the composition of the court-martial in legal journals and the media, recently reverted, be retained or omitted in the further reading section? Thanks, BrekekekexKoaxKoax (talk) 12:56, 20 December 2010 (UTC)
- The deleted material dealt with US court-martial system -- much too specific for this article. In terms of preserving it, be bold and add it the US courts martial article--S. Rich (talk) 13:58, 20 December 2010 (UTC)
There is not a word of the fact that in many countries Court-martials are seen as an undemocratic insignia
Court-martials do not exist in a large number of democratic courtiers where Court-martials are generally seen as very undemocratic and a way of avoiding the legal demands of security for the defendant, summery trials. Especially the fact that there are militaries in the court that is a part of the general administration, direct under the governing bodies, a major difference from democratic civil courts.
The US trials against Guantanamo prisoners in non-civil courts, Court-martials is seen by many as USA is putting itself in the same stand as Iran or Saddam Husseins Iraq, totally undermining the political goals of the campaign. When Tunisia is making Court-martials against policemen for crimes during the revolution there are huge doubts these are just trials.
The Court-martials should not be mixed with Aviation and naval Accident Investigation Boards, it is ridicules.
The Court-martials are to a large extent remains from an undemocratic past, something like the faith of the counter revolution in Germany [Prussia 1848], when undemocratic ideas were developed to survive another 100 years, and the (undemocratic) colonial Britain and still thrives, especially in dictatorships all over the world. Today Court-martials are seen by a large option in the world as an insigne of a true dictatorship. Capital punishment has about the same status. — Preceding unsigned comment added by 18.104.22.168 (talk) 11:53, 2 May 2012 (UTC)