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 States
Wiley and Putnam, 1859 - Всего страниц: 433
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accused acquitted admitted alleged appear apply appointed army assembled authority British army called capital punishment Captain cause challenge chapter character charge circumstances civil cognizance commanding officer commissioned officer committed common law competent complaint conduct confined congress considered constitution conviction court martial court of inquiry court-martial crime criminal cross-examination decision declared defence degree discretion doubt duty evidence examination exercise facts guilty indictment inflicted intended investigation judge advocate judgment judicial jurisdiction justice limited martial law matter means ment military courts military law mitigate naval navy necessary ness non-commissioned officer oath objection observed offence opinion pardon particular party person plea pleaded 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 United vote witness writer
Стр. 349 - 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. 18 - 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. 228 - Those who can best estimate the value of a steady administration, will be most disposed to prize a provision which connects the official existence of public men with the approbation or disapprobation of that body which, from the greater permanency of its own composition, will in all probability be less subject to inconstancy than any other member of the government.
Стр. 370 - Any commissioned officer convicted before a general court-martial of conduct unbecoming an officer and a gentleman, shall be dismissed the service. ART. 84. In cases where a court-martial may think it proper to sentence a commissioned officer to be suspended from command, they shall have power also to suspend his pay and emoluments for the same time, according to the nature and heinousness of the offense.
Стр. 265 - Captain or other officer, he is to complain, thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court-martial, for the doing justice to the complainant ; from which, regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial. But if, upon a second hearing, the appeal shall appear vexatious and groundless, the person so appealing shall be punished at the discretion of the said court-martial.
Стр. 347 - 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. 253 - 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. 117 - ... arbitrator on either side; that he has an interest in the cause ; that there is an action depending between him and the party; that he has taken money for his verdict; that he has formerly been a juror in the same cause; that he is the party's master, servant, counsellor, steward or attorney, or of the same society or corporation with him...
Стр. 47 - 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. 282 - No person shall be liable to be tried and punished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless, by reason of having absented himself, or of some other manifest impediment, he shall not have been amenable to justice within that period.