Proceedings and Report of Special War Department Board on Courts-martial and Their ProcedureIn 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 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 Government grade guilty jurisdiction law of war manding officer Marine Corps ment military commissions military court 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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Page 20 - General courts-martial shall have power to try any person subject to military law for any crime or offense made punishable by these articles, and any other person who by the law of war is subject to trial by military tribunals...
Page 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.
Page 25 - Every reporter of the proceedings of a court-martial shall, before entering upon his duties, make oath or affirmation in the following form: 'You swear (or affirm) that you will faithfully perform the duties of reporter to this court. So help you God.
Page 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.
Page 17 - That an officer or soldier of the Marine Corps when so detached may be tried by .military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against...
Page 35 - ART. 81. Relieving, Corresponding With, or Aiding the Enemy. Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.
Page 35 - ART. 81. RELIEVING, CORRESPONDING WITH, OR AIDING THE ENEMY. — Whosoever relieves the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death, or such other punishment as a court-martial or military commission may direct.
Page 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...
Page 37 - Is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the...
Page 39 - ... money collected, through the Quartermaster Department, at Government expense, to the widow or legal representative of the deceased, if such be found by said court, or to the son, daughter, father, provided the father has not abandoned the support of his family, mother, brother, sister, or the next of kin in the order named, if such be found by said court, or the beneficiary named in the will of the deceased, if such be found by said court, and said court shall thereupon...