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66-523: A court-martial (plural courts-martial or courts martial , as "martial" is a postpositive adjective ) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law , and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes . The Geneva Conventions require that POWs who are on trial for war crimes be subject to

132-477: A State of Defense (Verteidigungsfall) or against soldiers abroad or at sea. The existence of military courts, naval courts and air courts is provided for in the Constitution of Greece, which in article 96 paragraph 4 states that: "Special laws define: a. Those related to military courts, naval courts and air courts, to the jurisdiction of which private individuals cannot be subject". The first chapter of

198-448: A stage-level predicate. The prepositive in the first sentence may also have that sense, but it may also have an individual-level meaning, referring to an inherent property of the object (the stars that are visible in general). Quite a significant difference in meaning is found with the adjective responsible : Used prepositively, can you direct me to the responsible people? , it strongly connotes "dedicated" or "reliable", and by use of

264-555: A Death Foretold , A Dream Deferred , Hannibal Rising , Hercules Unchained , House Beautiful , Jupiter Ascending , The Life Aquatic , A Love Supreme , The Matrix Reloaded , Monsters Unleashed , Orpheus Descending , Paradise Lost , Paradise Regained , Prometheus Unbound , " The Road Not Taken ", Sonic Unleashed , To a God Unknown , Tarzan Triumphant , Time Remembered , The World Unseen , Enemy Mine . Nouns may have other modifiers besides adjectives. Some kinds of modifiers tend to precede

330-473: A court martial during WWI, which he receives at the end of the story for disobeying orders and cowardice in the face of the enemy. Several courts-martial occur in the British naval TV series Warship , including notably that of Lieutenant Palfrey, a Royal Marines officer accused of killing a foreign officer during a military exercise, and that of Fleet Air Arm pilot Edward Glenn, brother of Alan Glenn, one

396-624: A court martial. Courts martial are provided for in the Constitution of Ireland , which states in Article 38.4.1 that: "Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion." There are three classes of courts martial in the Irish Defence Forces: Outside of

462-669: A court-martial, are explained in detail based on each country and/or service. In Canada, there is a two-tier military trial system. Summary trials are presided over by superior officers, while more significant matters are heard by courts martial, which are presided over by independent military judges serving under the independent Office of the Chief Military Judge. Appeals are heard by the Court Martial Appeal Court of Canada . Capital punishment in Canada

528-432: A head noun include: In the plural forms of expressions with postpositive adjectives or other postpositive modifiers, the pluralizing morpheme (most commonly the suffix -s or -es ) is added after the noun, rather than after the entire phrase. For instance, the plural form of town proper is towns proper , that of battle royal is battles royal , that of attorney general is attorneys general , that of bride-to-be

594-559: A l'orange . Identifying numbers (with or without the word number ), and sometimes letters, appear after the noun in many contexts. Examples are Catch-22 ; warrant officer one, chief warrant officer two, etc. ; Beethoven's Symphony No. 9 ; Call of Duty Three , Rocky Four , Shrek the Third , Generation Y . (For appellations such as "Henry the Fourth", often written "Henry IV", see above .) Other common cases where modifiers follow

660-405: A major's rank. The Supreme Court of Finland has, in military cases, two general officers as members. Courts-martial proper are instituted only during a war, by decree of the government. Such courts-martial have jurisdiction over all crimes committed by military persons. In addition, they may handle criminal cases against civilians in areas where ordinary courts have ceased operation, if the matter

726-431: A plural construction (and have no singular form), such as eggs Benedict , nachos supreme , Brothers Grimm , Workers United . Insubordination Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in hierarchical organizations such as the armed forces , which depend on people lower in the chain of command obeying orders. Insubordination

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792-484: A reason for dismissal or censure of an employee. There have been court cases in the United States which have involved charges of insubordination from the employer with counter charges of infringement of First Amendment rights from the employee. A number of these cases have reached the U.S. Supreme Court usually involving a conflict between an institution of higher education and a faculty member. In

858-423: Is brides-to-be , and that of passer-by is passers-by . See also Plurals of French compounds . With some such expressions, there is a tendency (by way of regularization ) to add the plural suffix to the end of the whole expression. This is usually regarded by prescriptive grammarians as an error. Examples are * queen consorts (where queens consort is considered the correct form) and * court-martials (where

924-432: Is independent of predicative position; a postpositive adjective may occur either in the subject or the predicate of a clause , and any adjective may be a predicate adjective if it follows a copular verb . For example: monsters unseen were said to lurk beyond the moor (postpositive attribute in subject of clause), but the children trembled in fear of monsters unseen (postpositive attribute in predicate of clause) and

990-531: Is one of the Military Courts of the United Kingdom . The Armed Forces Act 2006 establishes the court martial as a permanent standing court. Previously courts-martial were convened on an ad hoc basis with several traditions, including usage of swords . The court martial may try any offence against service law . The court is made up of a judge advocate, and between three and seven (depending on

1056-554: Is urgent. Such courts-martial have a learned judge as a president and two military members: an officer and an NCO, warrant officer or a private soldier. The verdicts of a war-time court-martial can be appealed to a court of appeals. The Basic Law (Grundgesetz) (adopted after the Second World War in 1949) establishes in Art. 96 para. 2 that courts-martial can be established by federal law. Such courts-martial would take action in

1122-459: Is used in locating places and in mainly dated use for complex objects: Sweden/the village/town/city proper ... operating on the heart proper , it means "more narrowly defined", or "as more closely matches its character". Adjectives may undergo a change of meaning when used postpositively. Consider the following examples: The postpositive in the second sentence is expected to refer to the stars that are visible here and now; that is, it expresses

1188-558: Is when a service member willfully disobeys the lawful orders of a superior officer . If a military officer disobeys the lawful orders of their civilian superiors , this also counts. For example, the head of state in many countries, is also the most superior officer of the military as the Commander in Chief . Generally, however, an officer or soldier may disobey an unlawful order to the point of mutiny (see Nuremberg defense ). In

1254-865: The Armed Forces Act 2006 for members of the British Military. Regulations for the Canadian Forces are found in the Queen's Regulations and Orders as well as the National Defence Act . For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ). These offences, as well as their corresponding punishments and instructions on how to conduct

1320-567: The Israeli settlements , the West Bank remains under direct Israeli military rule , and under the jurisdiction of martial law in the form of military courts . The international community maintains that Israel does not have sovereignty in the West Bank, and considers Israel's control of the area to be the longest military occupation in modern history. The military court system for

1386-617: The Netherlands , members of the military are tried by a special military section of the civilian court in Arnhem . This section consists of a military member and two civilian judges. The decision whether or not to prosecute is primarily made by the (civilian) attorney general . Service members of the New Zealand Defence Force are tried under a court martial for offences pertaining to the most serious offences against

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1452-514: The U.S. military , insubordination is covered under Article 91 of the Uniform Code of Military Justice . It covers disobeying lawful orders as well as disrespectful language or even striking a superior. The article for insubordination should not be confused with the article for contempt. While Article 91 of the UCMJ deals predominantly with disobeying or disrespecting a superior and applies to enlisted members and warrant officers , Article 88 involves

1518-421: The occupied territories , modeled partially on the British military court system set up in 1937, was established in 1967. Sociology professor Lisa Hajjar argues that Israeli military courts criminalize not only Palestinian violence, but also certain forms of expression deemed to threaten Israeli security. She states the incarceration rate of Palestinians is high compared to other states, and that Palestinians in

1584-550: The Armed Forces Discipline Act 1971. Offences such as mutiny, murder, sexual offences, serious assaults, drug offences, or offences where the maximum punishment exceeds a 7-year prison term will be heard by court martial. Below this 7-year threshold the accused is dealt with by their commanding officer in what is known as a summary trial. During court martial the appointed judge is either a New Zealand High Court or District Court judge and they preside over

1650-610: The General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM) and Summary Court Martial (SCM). According to the Army Act, army courts can try personnel for all kinds of offenses, except for murder and rape of a civilian, which are primarily tried by a civilian court of law. The President of India can use the judicial power under Article 72 of the constitution to pardon, reprieve, respite or remission of punishment or sentence given by

1716-548: The NZDF, or being sent to military or civilian prison. In Poland, military courts are military garrison courts and military district courts. They are criminal courts with jurisdiction over offences committed by soldiers in active military service, as well as certain offences committed by civilian military personnel and soldiers of the armed forces of foreign countries (Article 647 of the Code of Criminal Procedure). Garrison courts rule in

1782-902: The People's Republic of China within the Chinese People's Liberation Army with jurisdiction over the nation's armed forces (including the People's Liberation Army and the People's Armed Police ), organized as a unit under the dual leadership of the Supreme People's Court and the Political and Legal Committee of the Central Military Commission . In Finland, the military has jurisdiction over two types of crimes: those that can be committed only by military personnel and those normal crimes by military persons where both

1848-462: The Rules for Courts-Martial, Military Rules of Evidence, and other guidance. There are three types: Special, Summary, and General. In Herman Melville 's novella Billy Budd (first published 1924), the title character is convicted at a drumhead court-martial of striking and killing his superior officer on board HMS Indomitable , is sentenced to death, and is hanged. The novella has been adapted for

1914-460: The U.S. military for violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory . Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial , which contains

1980-409: The West Bank are being treated as "foreign civilians". In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court. There are four levels of military jurisdiction: The judges will receive temporary rank the same as the defendant if the rank of the defendant is higher than the judges. In Luxembourg, there are three levels of military jurisdiction: In

2046-448: The accepted plural is courts-martial , although court-martials can be used as a third person present tense verb form ). This rule does not necessarily apply to phrases with postpositives that have been rigidly fixed into names and titles. For example, an English speaker might say "Were there two separate Weather Undergrounds by the 1970s, or just one single organization?". Other phrases remain as they are because they intrinsically use

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2112-693: The adjudicatory supervision of the Supreme Court (which, by the way, follows from Article 183(1) of the Constitution of the Republic of Poland ), and the Minister of Justice has superior organizational and administrative supervision. In 2005, ex-AFP Major General Carlos Garcia ( PMA Class of 1971, assigned comptroller of the AFP was court martialled for violating two articles of the Articles of War for

2178-663: The alleged Php 303 million Peso Money Laundering/Plunder and direct Bribery against him. Under the Singapore Armed Forces Act, any commissioned officer is allowed to represent servicemen when they are tried for military offences in the military courts. The cases are heard at the Court-Martial Centre at Kranji Camp II. Some of the courts martial in Singapore include that of Capt. G. R. Wadsworth in 1946 due to use of insubordinate language and, in

2244-437: The court consists of a civilian legally trained judge and two military members: an officer and a warrant officer, an NCO or a private soldier. The verdict and the sentence are decided by a majority of votes. However, the court cannot give a more severe sentence than the learned member supports. The appeals can be made as in civilian trials. If a court of appeals handles a military matter, it will have an officer member with at least

2310-459: The defendant and the victim are military persons or organizations and the crime has been defined in law as falling under military jurisdiction. The former category includes military offences such as various types of disobedience and absence without leave , while the latter category includes civilian crimes such as murder, assault, theft, fraud and forgery. However, war crimes and sexual crimes are not under military jurisdiction. In crimes where

2376-590: The few exceptions reflecting overriding linguistic processes such as rebracketing . In certain languages, including French , Italian , Spanish , Portuguese , Hebrew , Romanian , Arabic , Persian , Vietnamese , postpositive adjectives are the norm: it is normal for an attributive adjective to follow, rather than precede, the noun it modifies. The following example is from Italian, French and Spanish: In particular instances, however, such languages may also feature prepositive adjectives. In French, certain common adjectives, including grand ("big"), usually precede

2442-469: The first instance, appeals against their decisions and orders are heard by district courts, which also have first-instance jurisdiction in the most serious cases. The Criminal Chamber of the Supreme Court then acts as the second instance; in addition, cassation appeals against judgments rendered in the second instance are heard in the Criminal Chamber. The military courts are therefore subject to

2508-413: The foregoing categories are customarily found postpositively ( all the people present , the first payment due ). Their antonyms (absent and undue) and variations of due (overdue, post-due) can be placed in either position. These two words are among the least varied from the original Anglo-Norman and Old French terms, reflected in modern French, themselves all close to common Latin original forms. A third

2574-643: The heavily conditional "should be" it denotes that, otherwise, as in the second sentence, it denotes the far more commonly used meaning in the 21st century of "at fault" or "guilty" unless the qualifying word for is added. There are many set phrases in English which feature postpositive adjectives. They are often loans or loan translations from foreign languages that commonly use postpositives, especially French (many legal terms come from Law French ). Some examples appear below: Certain individual adjectives, or words of adjectival type, are typically placed after

2640-457: The loss of the ship be made part of the official record. Most military forces maintain a judicial system that tries defendants for breaches of military discipline. Some countries like France have no courts-martial in times of peace and use civilian courts instead. Court-martial is hyphenated in US usage, whether used as a noun or verb. However, in British usage, a hyphen is used to distinguish between

2706-411: The men executed was ... , but at will this can be considered to be a verbal rather than adjectival use (a kind of reduced relative clause ). Similar behavior is displayed by many adjectives with the suffix -able or -ible (e.g. the best room available , the only decision possible , the worst choice imaginable , the persons liable ). Certain other adjectives with a sense similar to those in

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2772-414: The military has jurisdiction, the military conducts the investigation. In non-trivial cases, this is done by the investigative section of Defence Command or by civilian police, but trivial cases are investigated by the defendant's own unit. The civilian police has always the right to take the case from the military. If the case does not warrant a punishment greater than a fine or a disciplinary punishment,

2838-521: The modern workplace in the Western world , hierarchical power relationships are usually sufficiently internalized so that the issue of formal charges of insubordination are rare. In his book Disciplined Minds , American physicist and writer Jeff Schmidt points out that professionals are trusted to run organizations in the interests of their employers. Because employers cannot be on hand to manage every decision, professionals are trained "to make sure that

2904-656: The modern day, misbehaviour by conscripted servicemen. The governing law in Thailand's military courts is the Military Court Organisation Act 1955 ( Thai : พระราชบัญญัติธรรมนูญศาลทหาร พ.ศ. ๒๔๙๘ ). The act allows the Judge Advocate General of Thailand ( Thai : เจ้ากรมพระธรรมนูญ ) to establish court regulations. In wartime or during the imposition of martial law , military courts may adopt special procedures. The court martial

2970-470: The monsters, if they existed, remained unseen (predicate adjective in postpositive position). Recognizing postpositive adjectives in English is important for determining the correct plural for a compound expression. For example, because martial is a postpositive adjective in the phrase court-martial , the plural is courts-martial , the suffix being attached to the noun rather than the adjective. This pattern holds for most postpositive adjectives, with

3036-697: The next episode, although the final execution did not happen despite them being found guilty Postpositive adjective In some languages ( Spanish , Welsh , Indonesian , etc.), the postpositive placement of adjectives is the normal syntax , but in English it is largely confined to archaic and poetic uses (e.g. "Once upon a midnight dreary ", as opposed to "Once upon a dreary midnight") as well as phrases borrowed from Romance languages or Latin (e.g. heir apparent , aqua regia ) and certain fixed grammatical constructions (e.g. "Those anxious to leave soon exited"). In syntax , postpositive position

3102-890: The normal word order are quite common in poetry , usually to fit the meter or rhyme , as with "fiddlers three" (from Old King Cole ) or "forest primeval" (from Evangeline ), though word order was less important in Early Modern English and earlier forms of English. Similar examples exist for possessive adjectives , as in "O Mistress Mine" (a song in Act II, Scene 3 of Shakespeare's Twelfth Night ). Titles of books, films, poems, songs, etc. commonly feature nouns followed by postpositive adjectives. These are often present or past participles (see above ), but other types of adjectives sometimes occur. Examples: Apocalypse Now Redux , " Bad Moon Rising ", Body Electric , Brideshead Revisited , Chicken Little , Chronicle of

3168-597: The noun, "court martial", and the verb, "to court-martial". Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and a defense attorney (all trained lawyers as well as officers). The precise format varies from one country to another and may also depend on the severity of the accusation. Courts-martial have the authority to try a wide range of military offences, many of which closely resemble civilian crimes like fraud, theft or perjury. Others, like cowardice, desertion, and insubordination, are purely military crimes. Military offences are defined in

3234-578: The noun, while in Italian and Spanish they can be prepositive or postpositive adjectives: When an adjective can appear in both positions, the precise meaning may depend on the position. E.g. in French: Prepositive and postpositive adjectives may occur in the same phrase: In many other languages, including English , German , Russian , Japanese and Chinese , prepositive adjectives are the norm (attributive adjectives normally come before

3300-455: The noun, while others tend to come after. Determiners (including articles , possessives , demonstratives , etc.) come before the noun. Noun adjuncts (nouns qualifying another noun) also generally come before the nouns they modify: in a phrase like book club , the adjunct (modifier) book comes before the head (modified noun) club . By contrast, prepositional phrases , adverbs of location, etc., as well as relative clauses , come after

3366-410: The noun. Their use is not limited to particular noun(s). Those beginning a before an old substantive word can be equally seen as adverbial modifiers (or nouns/pronouns), intuitively expected to be later (see below ). Phrases with postpositive adjectives are sometimes used with archaic effect, as in things forgotten , words unspoken , dreams believed , Flame Imperishable . Phrases which reverse

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3432-420: The nouns they modify), and adjectives appear postpositively only in special situations, if at all. Adjectives must appear postpositively in English when they qualify almost all compound and some simple indefinite pronouns : some/any/no/every...thing/one/body/where , those; Examples: We need someone strong ; those well-baked ; Going anywhere nice ? ; Nothing important happened ; Everyone new

3498-477: The nouns they modify: the elephant in the room ; all the people here ; the woman to whom you spoke . (These remarks apply to English syntax ; other languages may use different word order. In Chinese , for example, virtually all modifiers come before the noun, whereas in the Khmer language they follow the noun.) Sometimes a noun with a postpositive modifier comes to form a set phrase, similar in some ways to

3564-594: The play on which it was based ) deals almost entirely with the court martial of two enlisted Marines. In the 2008 to 2014 sci-fiction animated TV show " Star Wars: The Clone Wars 's 2011 fourth season's episode "Plan of Dissent" clone troopers Fives and Jesse, both serving in the Grand Army of the Republic, act against orders from their acting superior in a war situation and in revenge are threatened with court-martial and consequent execution. They found themselves court-martialed and about to be executed by firing squad in

3630-568: The principal characters, charged with a range of offences relating to a dangerous flight manœuvre. In the Star Trek: The Next Generation episode "The Battle" it was stated that, as the loss of a starship was a court martial offense, Picard was court-martialled for the loss of the Stargazer , zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges. The 1992 movie A Few Good Men (and

3696-770: The procedural part of the Military Penal Code (MPC) regulates the matters related to the courts and judicial persons that make up the Military Justice. Specifically in article 167 of the MPC, it is defined that criminal justice in the Army is awarded by the military courts (military courts, air courts, naval courts, review court) and the Supreme Court . There are four kinds of courts-martial in India. These are

3762-427: The punishment is given summarily by the company, battalion or brigade commander, depending on severity of the crime. If the brigade commander feels that the crime warrants a punishment more severe than he can give, he refers the case to the local district attorney who commences prosecution. The crimes with military jurisdiction are handled by the civilian district court which has a special composition. In military cases,

3828-414: The same procedures as would be the holding military 's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law , and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding

3894-483: The seriousness of the offence) officers and warrant officers. Rulings on matters of law are made by the judge advocate alone, whilst decisions on the facts are made by a majority of the members of the court, not including the judge advocate, and decisions on sentence by a majority of the court, this time including the judge advocate. Most commonly, courts-martial in the United States are convened to try members of

3960-730: The set phrases with postpositive adjectives referred to above (in that, for example, the plural ending will normally attach to the noun, rather than at the end of the phrase). Some such phrases include: In some phrases, a noun adjunct appears postpositively (rather than in the usual prepositive position). Examples include Knights Hospitaller , Knights Templar , man Friday (or girl Friday , etc.), airman first class (also private first class , sergeant first class ), as well as many names of foods and dishes, such as Bananas Foster , beef Wellington , broccoli raab , Cherries Jubilee , Chicken Tetrazzini , Crêpe Suzette , Eggs Benedict , Oysters Rockefeller , peach Melba , steak tartare , and duck

4026-561: The stage, film and television; notably in Benjamin Britten 's 1951 opera Billy Budd . In C.S. Forester 's 1938 novel Flying Colours , Captain Horatio Hornblower is court-martialled for the loss of HMS Sutherland . He is "most honourably acquitted". In Michael Morpurgo 's novel Private Peaceful , the main character of "Tommo" reflects on the childhoods of himself and his brother, Charlie as Charlie awaits

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4092-494: The track". Generally to these scenarios: The optional positions apply to the debatable pronoun and near synonym pairs any way/anyhow, some way/somehow , as well as to (in) no way, in every way . Examples: It was in some way(s) good ; it was good in some ways; it was good somehow; it was somehow good . Certain adjectives are used fairly commonly in postpositive position. Present and past participles exhibit this behavior, as in all those entering should ... , one of

4158-450: The trial. Defendants are assigned legal counsel, and for the prosecution, a lawyer is assigned who generally comes from a military background. The judge advocate is usually made up of senior NZDF officers and warrant officers who hear the defence and prosecution evidence during court martial. Punishment on guilty findings of a defendant will see them face being charged with a punishment such as serious reprimand, loss of rank, dismissal from

4224-543: The use of contemptuous words against certain appointed or elected officials and only applies to commissioned officers . According to a 2021 typology, military disobedience can take four forms: "defiance, refinement, grudging obedience, and exit." A 2019 study argued that military disobedience may arise when a tension is created in the social networks of a soldier, which gives the soldier motivations and justifications to disobey orders. Other types of hierarchical structures, especially corporations, may use insubordination as

4290-465: Was abolished generally in 1976, and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial, in 1945, having been convicted of murder. The Military Court of the Chinese People's Liberation Army is the highest level military court (High Military Court, a special people's court executing the authority of the High People's Court) established by

4356-501: Was shocked . All adjectives are used postpositively for qualifying them precisely. The user follows the set formula: This can be replaced by that or so , or, casually to evoke an affected air, yea . Without the preposition the formula is even more intuitive in replies. Examples pointing: "Which of the greyhounds do you like?" "Dogs this big." "A dog that weighty would definitely fit the bill." "A dog that tall to match my friend's." Examples figuratively: "A dog so fast it could win at

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