Section 13A-301 – Commanding Officer’s Non-Judicial Punishment
(a) (1) Under such regulations as prescribed, a commanding officer or officers–in–charge may impose disciplinary punishments for minor offenses without the intervention of a court–martial pursuant to this section. (2) The Governor, the Adjutant General, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who […]
Section 13A-603 – Compulsory Self-Incrimination Prohibited
(a) A person subject to this title may not compel another person to self–incriminate or to answer a question the answer to which may tend to incriminate the person. (b) A person subject to this title may not interrogate or request a statement from an accused or a person suspected of an offense without first informing that […]
Section 13A-401 – Courts-Martial Classified
(a) The three kinds of courts–martial are: (1) General courts–martial, as described in subsection (b) of this section; (2) Special courts–martial, as described in subsection (c) of this section; and (3) Summary courts–martial, as described in subsection (d) of this section. (b) A general court–martial consists of: (1) a military judge and not less than eight members; or (2) a military judge […]
Section 13A-604 – Preliminary Hearing Required Before Referral to General Court-Martial
(a) In this section, “victim” means a person who: (1) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and (2) is named in one of the specifications. (b) (1) A charge or specification may not be referred to a general court–martial […]
Section 13A-402 – Jurisdiction of Courts-Martial in General
(a) Each component of the State military forces has court–martial jurisdiction over all members of the particular component who are subject to this title. (b) The Maryland Army and Maryland Air National Guard have court–martial jurisdiction over all members subject to this title.
Section 13A-605 – Advice of Judge Advocate and Reference for Trial
(a) (1) Before directing the trial of any charge by general court–martial, the convening authority shall refer the charge to a judge advocate for consideration and advice. (2) The convening authority may not refer a specification under a charge to a general court–martial for trial unless the convening authority has been advised in writing by a judge advocate […]
Section 13A-403 – Jurisdiction of General Courts-Martial
Subject to § 13A–402 of this subtitle, general courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title.
Section 13A-606 – Service of Charges
(a) Trial counsel detailed for a court–martial under § 13A–506 of this title shall cause to be served on the accused a copy of the charges and specifications referred for trial. (b) (1) Subject to paragraphs (2) and (3) of this subsection, a trial or other proceeding of a general court–martial or a special court–martial, including a session […]
Section 13A-102 – Persons Subject to This Title; Jurisdiction
(a) This title applies to all members of the State military forces at all times. (b) (1) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force. (2) Courts–martial have primary jurisdiction of military offenses. (3) (i) A proper civilian court has primary jurisdiction of a non–military offense when an […]
Section 13A-103 – Jurisdiction to Try Certain Personnel
(a) (1) Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to § 13A–708 of this title, subject to trial by court–martial on that charge and is, after apprehension, subject to this title while in custody under the direction of the State military forces for that […]