A court-martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
Mutiny is a revolt among a group of people to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, but it can also sometimes mean any type of rebellion against any force. Mutiny does not necessarily need to refer to a military force and can describe a political, economic, or power structure in which subordinates defy superiors.
Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
Desertion is the abandonment of a military duty or post without permission and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave, which are temporary forms of absence.
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
The Mutiny Acts were an almost 200-year series of annual Acts passed by the Parliament of England, the Parliament of Great Britain, and the Parliament of the United Kingdom for governing, regulating, provisioning, and funding the English and later British Army.
Victor Manson Spencer was a volunteer from Invercargill, New Zealand who fought in the Otago Infantry Regiment of the New Zealand Division in World War I. Spencer was executed for desertion on 24 February 1918, despite later suggestions that he was severely traumatised by shellshock, having fought and survived several campaigns.
The judicial reform of Alexander II is generally considered one of the most successful and consistent of all his reforms. A completely new court system and order of legal proceedings were established. The main results were the introduction of a unified judicial system instead of a cumbersome set of estates of the realm courts, and fundamental changes in criminal trials. The latter included the establishment of the principle of equality of the parties involved, the introduction of public hearings, the jury trial, and a professional advocate that had never existed in Russia. However, there were also problems, as certain obsolete institutions were not covered by the reform. Also, the reform was hindered by extrajudicial punishment, introduced on a widespread scale during the reigns of his successors – Alexander III and Nicholas II.
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The first known usage of the phrase is in Robert Monro's 1637 work His expedition with the worthy Scot's regiment called Mac-keyes regiment etc. and can be used to refer to military law in general. In Swedish, the equivalent term Krigsartiklar, is first mentioned in 1556. However, the term is usually used more specifically and with the modern spelling and capitalisation to refer to the British regulations drawn up in the wake of the Glorious Revolution and the United States regulations later based on them.
The Indian National Army trials was the British Indian trial by court-martial of a number of officers of the Indian National Army (INA) between November 1945 and May 1946, on various charges of treason, torture, murder and abetment to murder, during the Second World War.
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
The military courts of the United Kingdom are governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services: the Royal Navy (RN), the British Army, and the Royal Air Force (RAF), and replaces the three parallel systems that were previously in existence.
Conduct prejudicial to good order and discipline is an offence against military law in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified elsewhere.
Blowing from a gun is a method of execution in which the victim is typically tied to the mouth of a cannon which is then fired, resulting in death. George Carter Stent described the process as follows:
The prisoner is generally tied to a gun with the upper part of the small of his back resting against the muzzle. When the gun is fired, his head is seen to go straight up into the air some forty or fifty feet; the arms fly off right and left, high up in the air, and fall at, perhaps, a hundred yards distance; the legs drop to the ground beneath the muzzle of the gun; and the body is literally blown away altogether, not a vestige being seen.
John Braithwaite was a New Zealander who served in the First World War with the New Zealand Expeditionary Force. Supposedly a journalist before the war, in 1916 he was convicted of mutiny and executed by firing squad. He was posthumously pardoned in September 2000 through the passage of the Pardon for Soldiers of the Great War Act 2000.
The Armed Forces Act 1972 [Act 77), is a Malaysian laws which enacted to amend and consolidate the law relating to the establishment, government and discipline of the armed forces of Malaysia.
