Who has the authority to convene a court-martial?

In Washington, the authority to convene a court-martial lies with a commander of a military unit. This commander is referred to as a "convening authority" and has the right, according to the Uniform Code of Military Justice, to appoint military personnel to serve as a court-martial. The authority of the convening authority does not extend to the decisions made by the court-martial, but rather is limited to the establishment of a court-martial, the appointment of officers to preside over it, and the selection of personnel to serve as the members of the court-martial. A court-martial, according to the National Conference of State Legislatures, is a military court that is used to try violations of the Uniform Code of Military Justice. These offenses are either ones committed by members of the military or ones that have been designated as a crime under military law. The convening authority is usually the commander of the unit that is most closely related to the individual who has been charged with a crime. The commander is responsible for deciding whether to refer the case to a court-martial, and if so, who will serve as the members of the court-martial. The commander can also refer a case directly to trial in a civilian court. The decision to convene a court-martial must be approved by a senior officer, such as a judge advocate general. Ultimately, the convening authority has the power to determine who will face trial for military crimes in Washington State.

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