Court-martial in United States

Court-martial Definition

A military or naval tribunal, which has jurisdiction of offenses against the law of the service, military or naval, in which the offender is engaged. The original tribunal, for which courtsmartial are a partial substitute, was the court of chivalry (q.v.) These courts exist and have their jurisdiction by virtue of the military law, the court being constituted and empowered to act in each instance by authority from a commanding officer. The general principles applicable to courts-martial in the army and navy are essentially the same, and, for consideration of the exact distinctions between them, reference must be had to the works of writers upon these subjects. Courts-martial for the regulation of the militia are held in the various states under local statutes, which resemble in their main features those provided for in the army of the United States; and when in actual service, the militia, like the regular troops, are subject to courts-martial, composed, however, of militia officers. As to their constitution and jurisdiction, these courts may belong to one of the following classes:
(1) General, which have jurisdiction over every species of offense of which courtsmartial have jurisdiction. They are to be composed in the United States of not less than five nor more than thirteen commissioned officers of suitable rank, according to the exigencies of the service, and in England of not less than thirteen commissioned officers, except in special cases, and usually do consist of more than that number.
(2) Regimental, which have jurisdiction of some minor offenses occurring in a regiment or corps. They consist in the United States of not less than three- commissioned officers; in England, of not less than five commissioned officers, when that number can be assembled without detriment to the service, and of not less than three, in any event. The jurisdiction of this class of courts-martial extends only to offenses less than capital committed by those below the rank of commissioned officers, and their decision is subject to revision by the commanding officer of the division, regiment, or detachment, by the officer who appointed them, or by certain superior officers.
(3) Garrison, which have jurisdiction of some minor offenses occurring in a garrison, fort, or barracks. They are of the same constitution as to number and qualifications of members as regimental courts-martial. Their limits of jurisdiction in degree are the same, and their decisions are in a similar manner subject to revision.
(4) Summary, of limited jurisdiction, for the trial of minor offenses.

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A military or naval tribunal, which has jurisdiction of offenses against the law of the service, military or naval, in which the offender is engaged. The original tribunal, for which courtsmartial are a partial substitute, was the court of chivalry (q.v.) These courts exist and have their jurisdiction by virtue of the military law, the court being constituted and empowered to act in each instance by authority from a commanding officer. The general principles applicable to courts-martial in the army and navy are essentially the same, and, for consideration of the exact distinctions between them, reference must be had to the works of writers upon these subjects. Courts-martial for the regulation of the militia are held in the various states under local statutes, which resemble in their main features those provided for in the army of the United States; and when in actual service, the militia, like the regular troops, are subject to courts-martial, composed, however, of militia officers. As to their constitution and jurisdiction, these courts may belong to one of the following classes:
(1) General, which have jurisdiction over every species of offense of which courtsmartial have jurisdiction. They are to be composed in the United States of not less than five nor more than thirteen commissioned officers of suitable rank
, according to the exigencies of the service, and in England of not less than thirteen commissioned officers, except in special cases, and usually do consist of more than that number.
(2) Regimental, which have jurisdiction of some minor offenses occurring in a regiment or corps. They consist in the United States of not less than three- commissioned officers; in England, of not less than five commissioned officers, when that number can be assembled without detriment to the service, and of not less than three, in any event. The jurisdiction of this class of courts-martial extends only to offenses less than capital committed by those below the rank of commissioned officers, and their decision is subject to revision by the commanding officer of the division, regiment, or detachment, by the officer who appointed them, or by certain superior officers.
(3) Garrison, which have jurisdiction of some minor offenses occurring in a garrison, fort, or barracks. They are of the same constitution as to number and qualifications of members as regimental courts-martial. Their limits of jurisdiction in degree are the same, and their decisions are in a similar manner subject to revision.
(4) Summary, of limited jurisdiction, for the trial of minor offenses.

This definition of Court-martial is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Court Martial in State Statute Topics

Introduction to Court-Martial (State statute topic)

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Further Reading

• Information about Court Martial in the Gale Encyclopedia of American Law.