HOW A COURT MARTIAL IS CONDUCTED.
A court martial is "a court consisting of military or naval officers, for the trial of offenses against military or naval laws."
Courts martial are of three classes, general, garrison, and regimental. General courts martial consists of from five to thirteen officers, appointed by a general or by the president. Garrison and regimental courts martial consist of three officers appointed respectively by the garrison and the regimental commanders. Only general courts martial have jurisdiction of capital offenses.
There are two marked characteristics of courts martial. First, the accused is tried, not as in a civil court by his peers, but by his superiors. Second, there is no distinction between judge and jury; the officers comprising the court act in both capacities—they determine the fact and apply the law. Sentence is by majority vote, except that to pronounce sentence of death a two-thirds vote is necessary.
For convenience, one of the officers is designated to act as president by the order convening the court. As prosecutor in the case, and also as the responsible adviser of the court, a judge-advocate is appointed, usually by the same order. The accused is entitled to counsel; but if he is unable to obtain any, the judge-advocate "must insist upon all rights belonging to the accused under the law and the evidence."
The "findings" of a court martial must in each case be transmitted to the convening authority and by it be approved, before being carried into execution. "In time of peace, no sentence of a court martial involving loss of life or the dismissal of a commissioned officer, and either in time of peace or war no sentence against a general officer, can be carried into effect without approval by the president of the United States."
The jurisdiction of courts martial extend only over offenses committed by persons enlisted in the military or the naval service of the country.