Who has the authority to convene a court-martial?

In the state of California, the authority to convene a court-martial is vested in the commanding officer who is responsible for the accused. The commanding officer typically holds the rank of a commissioned officer and has the right to command the accused to appear before a court-martial, as well as set the scope of the case. In addition to the commanding officer, the provost marshal or a designated representative may also convene a court-martial with the commanding officer’s permission. The court-martial is the primary judicial body of military law, which tries members of the armed forces for violations of the Uniform Code of Military Justice (UCMJ). It typically consists of a minimum of three members, who are selected by the commander and must be of the same rank as the accused or higher. The members can be chosen from the military or civilian members, and the accused is allowed to request members of certain rank, or even reject requested members, as long as there is a valid reason and evidence to support the request or rejection. Finally, the convening authority is responsible for deciding the type of court-martial, which can either be a summary or a general court-martial. Depending on the severity of the offense and the length of the sentence, a court-martial can also be referred to either a military judge or a special court-martial. In all cases, the convening authority must ensure that the court-martial is conducted fairly and justly according to the rules of the Uniform Code of Military Justice.

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