MILITARY COURTS-MARTIAL. For each general or special court-martial the author ity appointing the court appoints a judge-advo cate, and for each general court-martial one or more assistant judge-advocates when neces sary. The judge-advocate prosecutes in the name of the United States and under the di rection of the court prepares the record of its proceedings. In conjunction with the president of the court, he authenticates the record by his signature and, at the end of the trial, transmits the same to the reviewing authority. Should the accused, for any reason, not be represented by counsel, the judge-advocate from time to time throughout the proceedings advises him of his legal rights. During the trial he sees that the accused has full opportunity to inter pose such pleas and make such defense as may best bring out the facts, the merits or the ex tenuating circumstances of his case. In so far as such action may be 'taken without prejudice to the rights of the accused, any advice given him by the judge-advocate should be given or repeated in open court and noted upon the rec ord. The judge-advocate is not challengeable; but in case of personal interest in the trial or of personal hostility toward the accused he should apply to the convening authority to be relieved. Throughout the trial the judge-advo cate should do his utmost to present the whole truth of the matter in question and should op pose every attempt to suppress facts or to dis tort them, to the end that the evidence may so exhibit the case that the court may render im partial justice. The accused has the right to be represented before a general or special court martial by counsel of his own selection, for his defense, if such counsel be reasonably available. This counsel performs such duties as usually devolve upon the counsel for a defendant be fore civil courts in criminal cases.
General courts-martial have power to try any person subject to military law, for any crime or offense made punishable by the Arti cles of War. In addition they have power to try any person other than above, who by the law is subject to trial by military tribunals, for any crime or offense in violation of the law of war. Punishment upon conviction is discre tionary with a general court-martial, except when mandatory under the law, or when lim ited by order of the President under the Arti cles of War; in addition, the death penalty can be imposed only when specifically authorized.
The death penalty is mandatory in the case of spies; dismissal is mandatory for conduct un becoming an officer and gentleman; either death or imprisonment for life is mandatory for murder and rape; punishment is manda tory in part and discretionary in part for false muster, false returns, officer drunk on duty in time of war and personal interest in the sale of provisions. The usual punishments imposed upon soldiers are the following, beginning with the least severe: Detention of pay, forfeiture of pay, reduction, hard labor without confine ment, confinement at hard labor and dishonor able discharge. In the absence of evidence of two or more previous convictions, a minor of fense, the nature of which appears to demand punishment by hard labor, should ordinarily be punished by hard labor without confinement, rather than by confinement at hard labor. For offenses properly punishable by detention of pay, forfeiture of pay, reduction or hard labor without confinement, those forms of punish ment should, as a rule, be resorted to before confinement at hard labor is imposed. Many punishments formerly sanctioned have now, un der a more enlightened spirit of penology, be come so obsolete as to be effectually prohibited by custom without the necessity of regulations. Punishment by flogging, or by branding. mark ing or tattooing on the body is prohibited un der the Articles of War; and no person can, by general court-martial be convicted of an offense for which the death penalty is made mandatory by law, nor sentenced to suffer death, except by the concurrence of two-thirds of the members of said court-martial and for an offense in the Articles of War expressly made punishable by death. No sentence of a court-martial can be carried into execution un til the same shall have been approved by the officer appointing the court or by the officer commanding for the time being. Any sentence of death requires confirmation by the Presi dent before the sentence of a court-martial can be carried into execution, except in the cases of persons convicted in time of war of murder, rape, mutiny, desertion or as spies, and in such excepted cases a sentence of death may be car ried into execution upon confirmation of the commanding general of the army in the field or by the commanding general of the territorial department or division.