Military Justice Human Rights Flashcards
is the system for enforcing and administering criminal law in the Armed forces.
Military Justice
it is a branch of public law which is prescribed for the organization, government and discipline of the military forces.
Military Law
rules governing the conduct of military personnel and providing a method by which persons who break those rules may be punished.
Articles of War
is a court composed of one or more members (depending upon the class of court), the function of which is to the decide whether a person subject to military law has committed a violation of the Articles of War, and if it finds him guilty, to adjudge punishment for the offense
Court Martial
military rule exercised by a state over its citizens (no being enemies), in an emergency justifying it. It is described as the exercise of military justification by a government temporary governing the civil population of a locality through its military forces without authority of a written law.
Martial Law
an authorized provisional tribunal in presidential Proclamations and orders. It was referred to in a proclamation as an authorized court for the trial of the offenses of persons under martial law and its proceedings are valid.
Military Commission
is one skilled in questions of military law and procedure and is the legal adviser of the court.
Law Member
s that form of government exercised over the belligerences or other inhabitants of an enemy’s country in war foreign or civil. It is exercised in time of foreign war outside the boundaries of the state, or in time of rebellion and civil war within the territories of the state occupied by rebels treated as belligerents.
Military government
is the power and authority of a court to hear, try and decide a case.
Jurisdiction
IS THE POWER OF THE MILITARY COURT/TRIBUNALS TO HEAR AND DECIDE PURELY MILITARY OFFENSES/CASES COMMITTED BY PERSONS SUBJECT TO MILITARY LAW.
Military Jurisdiction
COMPONENTS OF MILITARY JUSTICE SYSTEM
INVESTIGATION
PROSECUTION
TRIAL
JUDGMENT
DIVISION OF THE SYSTEM
ADMINISTRATIVE CASES
PUNITIVE CASES
a court composed of one or more members (the member depending upon the class of the court), the function of which is to decide whether a person subject to military law has committed a violation of the Articles of War, and if it finds his guilty, to adjudge punishment for the offense (TM27-255 P.3)
Court Martial
TYPES OF COURT MARTIAL
General Court Martial
Special Court Martial Summary Court Martial