http://www.navy.mil/management/photodb/photos/080811-N-8273J-108.jpg
080811-N-8273J-108 MANAMA, Bahrain (Aug. 11, 2008) Chief of Naval Operations (CNO) Adm. Gary Roughead speaks with Sailors during an all hands call at Naval Forces Central Command. Roughead and Master Chief Petty Officer of the Navy (MCPON) Joe R. Campa Jr., are traveling throughout the Central Command area of operations. During his discussions, CNO thanked Sailors for their significant contributions to regional security and their dedication to service. (U.S. Navy photo by Mass Communication Specialist 1st Class Tiffini M. Jones/Released)
http://www.navy.mil/view_photos_top.asp
080811-N-8273J-108
http://www.law.cornell.edu/uscode/10/usc_sec_10_00000899----000-.html
TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER X > § 899
§ 899. Art. 99. Misbehavior before the enemy
Any member of the armed forces who before or in the presence of the enemy—
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or such other punishment as a court-martial may direct.
http://en.wikipedia.org/wiki/Courts-martial_in_the_United_States
Courts-martial in the United States are criminal trials conducted by the Military of the United States. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice, which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial and Military Rules of Evidence, respectively.
a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact.
http://en.wikipedia.org/wiki/Court_martial
A court-martial (plural courts-martial) is a military court. These military courts can determine punishments for members of the military subject to military law who are found guilty
Levels of courts-martial
Three levels of courts-martial can be convened depending on the severity of the offense(s): Summary (which can confine junior enlisted to up to 30 days), Special (which, depending on the charges, can confine an accused up to a year and give a bad-conduct discharge to enlisted) and General (which, depending on the charges, can sentence an accused to death or life imprisonment, and give a bad-conduct or dishonorable discharge or a dismissal to officers). Officers are not tried at summary courts-martial and enlisted members have an absolute right to refuse summary court.
Unlike federal courts established under Article III of the U.S. Constitution, a court-martial is established under Article I and does not exist until its creation is ordered by a commanding officer. Such officers are called court-martial convening authorities. The legally operative document that a convening authority uses to create a court-martial is called a court-martial convening order.
General courts-martial require an investigating officer, with at least the rank of captain (naval lieutenant), to hold a hearing to review government evidence which outlines the elements of the alleged crime. These investigations are referred to as Article 32 hearings because they are described in article 32 of the Uniform Code of Military Justice (UCMJ). In the Air Force and Navy the Investigating Officer is usually a JAG officer, in the Army it is usually a non-lawyer. The accused is present and has an attorney to examine evidence and testimony. The Article 32 hearing is a major discovery tool for the defense. The investigating officer then sends the report with recommendations to the convening authority, who may then refer the case for court-martial.
