Maryland Code, PUBLIC SAFETY 13A-504
Terms Used In Maryland Code, PUBLIC SAFETY 13A-504
- Accuser: means :
(1) a person who signs and swears to charges;
(2) a person who directs that charges nominally be signed and sworn to by another; or
(3) any other person who has an interest other than an official interest in the prosecution of the accused. See - Convening authority: includes :
(1) the person who convened the court; and
(2) (i) a commissioned officer commanding for the time being; or
(ii) a successor in command to the convening authority. See - Enlisted member: means a person in an enlisted grade. See
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
(ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See - Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Officer: means a commissioned or warrant officer. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Record: when used in connection with the proceedings of a court-martial, means:
(1) an official written transcript, written summary, or other writing relating to the proceedings; or
(2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See - state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - State military forces: means the National Guard of the State, as defined in title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A warrant officer of the State military forces is eligible to serve on general and special courts-martial for the trial of a person subject to this title, other than a commissioned officer.
(c) (1) An enlisted member of the State military forces is eligible to serve on general and special courts-martial for the trial of an enlisted member subject to this title, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under § 13A-704 of this title prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it.
(2) (i) After such a request, the accused may not be tried by a general or special court-martial, the membership of which does not include enlisted members in a number equal to at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies.
(ii) If such members cannot be obtained, the court may be assembled and the trial held without the members, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained.
(d) When it can be avoided, a person subject to this title may not be tried by a court-martial, any member of which is junior to the accused in rank or grade.
(e) (1) When convening a court-martial, the convening authority shall detail as members of the authority such members of the State military forces as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.
(2) A member of the State military forces is not eligible to serve as a member of a general or special court-martial if the member is the accuser or a witness or has acted as investigating officer or as counsel in the same case.
(f) (1) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case.
(2) The convening authority may delegate the authority under this subsection to a judge advocate or to another principal assistant.
(g) The accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.