Home >> Collier's New Encyclopedia, Volume 4 >> Greek Church to The Hague >> Military Execution

Military Execution

officers and court

EXECUTION, MILITARY, a techni cal term, signifying the carrying out of the decision of any military court, not necessarily a death sentence. Military laws and their execution, or administra tion, are quite separate and distinct from the civil laws of the same territory, the former having as their special object the maintenance of military organization and discipline. The offenses covered are, therefore, of a peculiar nature, such as desertion, absence without leave, disobe dience, or refusal to obey orders, neglect of duty, and, among officers, "conduct unbecoming that of a gentleman." Those subject to the jurisdiction of military law are, first of all, officers and soldiers on the active list, in the pay of the Govern ment, whether of the regular army or the militia; retired officers and soldiers; dis charged officers or soldiers who have de frauded the Government; and general prisoners. In time of war certain ci

vilians may be included, such as those suspected of being spies in the pay of the enemy, and camp followers. Punish ments range from imprisonment, dishon orable dismissal or discharge, to death. Before the decree of a military court may be executed it must first be what is termed confirmed. In the British army this confirmation is done by a special officer representing the King, but in the United States army the highest com manding officer of the department is com petent to confirm a sentence in ordinary cases. Where a court sentences an offi cer to dismissal from the service, how ever, the confirmation must be signed by the President of the United States him self, and this rule applies also to death sentences, except in very special cases.