Military Instructors Manual eBook

This eBook from the Gutenberg Project consists of approximately 372 pages of information about Military Instructors Manual.

Military Instructors Manual eBook

This eBook from the Gutenberg Project consists of approximately 372 pages of information about Military Instructors Manual.
with command he
shall be the summary court martial. 
Jurisdiction.
(1) Only privates holding no certificate of eligibility for
promotion—­and
(2) For crimes not capital. 
Sentence.
(1) Confinement not over 3 months.
(2) No dishonorable discharge.
(3) No punishment over one (1) month without higher
authority.

METHOD OF ENTERING A CHARGE AGAINST A MAN: 

Example: 

Charge:  Violation of the ——­ Article of War.

Specification:  In that (rank, name, organization) did at
(place) on or about (date) etc. (brief description
of offence committed).

Signed
(Name)
(Rank and Branch of Service)

In cases where there are more than one charge the number of each A.W. is put down in the charge.  A description of each offence is put down separately under SPECIFICATION.

Note that double lines are drawn under CHARGE, single line under SPECIFICATION.

GENERAL REMARKS: 

The three (3) Courts Martial are alike in the following: 

   (a) Composed only of officers of Army or Marine Corps on detached
       service with the Army by order of the President.
   (b) Pass upon both law and fact.
   (c) Criminal Courts only.
   (d) Unable to promulgate any finding that does not require approval
       of appointing authority.

The three (3) Courts Martial differ in the following: 

   (a) Number of members.
   (b) Appointing authority.
   (c) Punishments.

ARTICLE 31.

ORDER OF VOTING: 

Members in General or Special Courts Martial shall vote from junior to senior.

ARTICLE 39.

LIMITATIONS UPON PROSECUTIONS: 

Military offences fall into three (3) groups: 

   (1) War desertion, mutiny, murder.  Have no limitations.
   (2) Burglary, etc. (A W. 93) and frauds against Government (A.W.
       94).  Prosecution limited to 3 years.
   (3) All other offences. 2 years.

In some cases the Statute of Limitations is suspended (A.W. 39), especially in cases of absence from the United States.

* * * * *

The following Articles of War are the important ones for officers to be acquainted with in the ordinary course of his duties: 

ARTICLE 54.

FRAUDULENT ENLISTMENT: 

Punishment:  Court Martial.

      “Any person procuring himself to be enlisted by means of
    willful misrepresentation or concealment as to his qualifications
    for enlistment and shall receive pay or allowance,” ... 
      This offense requires two (2) steps: 
        (1) Misrepresentation or concealment.
        (2) Receiving pay or allowances.

Copyrights
Project Gutenberg
Military Instructors Manual from Project Gutenberg. Public domain.