South Carolina Code 25-1-2560. Jurisdiction of special courts-martial
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1. Subject to § 25-1-2540, special courts-martial have jurisdiction to try persons subject to this code for an offense made punishable by the code. Under limitations the Governor may prescribe, or further limitations the Adjutant General may prescribe, a special court-martial may order any of the following punishments:
(1) bad-conduct discharge;
Terms Used In South Carolina Code 25-1-2560
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) confinement of not more than six months;
(3) a fine of not more than twenty days’ pay;
(4) reduction of enlisted personnel to the lowest pay grade;
(5) forfeiture of pay and allowances not to exceed twenty days’ pay;
(6) a reprimand;
(7) any combination of these punishments.
2. A sentence which imposes a bad-conduct discharge or confinement may not be adjudged unless:
(a) a complete summary of the proceedings and testimony has been made by the military judge or the president of the court;
(b) counsel, having the qualifications prescribed under subsection 2 of § 25-1-2630 was detailed to represent the accused;
(c) a military judge was detailed to the trial.