What is an adjudicative authority?

An adjudicative authority is a type of authority that is given to a judge or magistrate to decide criminal cases under a particular set of legal rules. In Delaware, military law is governed by the Uniform Code of Military Justice (UCMJ). The UCMJ outlines a process for criminal cases under military law, and provides guidance for adjudicative authorities. An adjudicative authority is appointed by the Secretary of the branch of the military (U.S. Army, Navy, Air Force, Marines, or Coast Guard). The adjudicative authority in Delaware is either a court-martial, the president of a branch-level court-martial, or a commanding officer. A court-martial is a military tribunal made up of a panel of officers. The court-martial has the power to prosecute, hear, and decide cases under military law. The court-martial can impose sentences ranging from dishonorable discharge, forfeitures of pay, confinement, imprisonment, or death. The president of the court-martial is an individual who is appointed by the Secretary, and they have the power to preside over and control the court-martial proceedings. The commanding officer in Delaware is the highest-ranking person in an armed forces unit. The commanding officer has the authority to preside over and discipline members of their unit and act as an adjudicative authority in certain cases. The commanding officer has the power to dismiss or reprimand a person found guilty of misconduct, including jail time for military members.

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What is an adjudicative authority?

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