Observations on Military Law, and the Constitution and Practice of Courts Martial: With a Summary of the Law of Evidence, as Applicable to Military Trials : Adapted to the Laws, Regulations and Customs of the Army and Navy of the United StatesD. Appleton, 1863 - Всего страниц: 433 |
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accused acquitted admitted alleged appear application appointed army arrest article of war assembled authority British army called Captain cause ceedings challenge CHAPTER XVI character charge circumstances civil cognizance commanding officer commissioned officer committed common law competent complaint conduct considered constitution conviction counsel court martial court of inquiry court-martial crime criminal cross-examination decision declared defence degree dence discretion duty evidence examination exercise facts guilty incompetent indictment inflicted intended judge advocate judgment judicial jurisdiction justice martial law matter ment military courts military law mitigate naval navy necessary ness oath objection observed offence opinion pardon particular party Peremptory challenges person plea present president principle prisoner proceed proceedings proof proper propriety prosecution prosecutor proved punishment question reference regimental regulations Roscoe's Crim rule sentence Simmons soldier specific sufficient sworn tence testimony tial tion trial vote witness writer
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Стр. 325 - It is, however, submitted with deference, that the good character of the party accused, satisfactorily established by competent witnesses, is an ingredient which ought always to be submitted to the consideration of the jury, together with the other facts and circumstances of the case.
Стр. 231 - Territory where such regiment is stationed. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon.
Стр. 43 - Every officer authorized to order a general court-martial shall have power to pardon or mitigate any punishment ordered by such court, except the sentence of death, or of cashiering an officer ; which, in the cases where he has authority (by Article 65) to carry them into execution, he may suspend, until the pleasure of the President of the United States can be known...
Стр. 14 - Some have thought that unjust attacks, even upon life or property, at the arbitrary will of the magistrate, *are less dangerous to the commonwealth than such as are made upon the personal liberty of the subject. To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny...
Стр. 17 - The officers and soldiers of any troops, whether militia or others, being mustered and in pay of the United States...
Стр. 327 - Where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of the original concerted plan, and with reference to the common...
Стр. 181 - No sentence of a court-martial shall be carried into execution until the same shall have been approved by the officer ordering the court, or by the officer commanding for the time being.
Стр. 144 - A sixth species of defect of will is that arising from compulsion and inevitable necessity. These are a constraint upon the will, whereby a man is urged to do that which his judgment disapproves ; and which, it is to be presumed, his will, if left to itself, would reject.
Стр. 43 - ... in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his confirmation or disapproval, and orders in the case.
Стр. 14 - But the happiness of our constitution is, that it is not left- to the executive power to determine when the danger of the state is so great, as to render this measure expedient...