Court-martial

A court-martial (plural courts-martial, as "martial" is postpositive) is a military 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 Convention requires that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces.

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 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 and Germany have no courts-martial in time of peace and use civilian courts instead.

Composition

Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and defensive counsel (all trained lawyers as well as officers) and (in some cases) a panel of officers (and sometimes enlisted personnel) acting as jury. The precise format varies from one country to another and may also depend on the severity of the accusation.

Military justice

Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.

Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. The latter condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared enforced.

Canada

All Commands of the Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA§ authorizes the governor in council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.

Bowe Bergdahl

Robert Bowdrie "Bowe" Bergdahl (born March 28, 1986) is a United States Army soldier who was held captive by the Taliban-aligned Haqqani network in Afghanistan from June 2009 until his release in May 2014. The circumstances under which Bergdahl went missing and how he was captured by the Taliban have since become subjects of intense media scrutiny.

Bergdahl was released on May 31, 2014, as part of a prisoner exchange for five Taliban members who were being held at the detention center at Guantanamo Bay. This exchange and the ceremony announcing it, held in the White House Rose Garden, generated controversy in the United States. On December 14, 2015, the U.S. Army announced that Bergdahl would be tried by general court-martial on charges of desertion and misbehavior before the enemy.

Bergdahl and his case are the subject of season 2 of the podcast Serial.

Early life and education

Bergdahl was born in 1986, in Sun Valley, Idaho, to Robert Bergdahl, a commercial truck driver, and his wife Jani (Larson) Bergdahl. He is of Norwegian and Swedish ancestry. He has an older sister, Sky Albrecht Bergdahl. Both Bergdahl and his sister were home schooled by their mother in Hailey, Idaho. The family attended Sovereign Redeemer Presbyterian Church, an Orthodox Presbyterian Church. He received a GED certificate through the College of Southern Idaho. As an adult, Bergdahl studied and practiced fencing and martial arts before changing to ballet classes at the Sun Valley Ballet School in Ketchum, Idaho. He has never owned a car, and rode his bicycle everywhere. He spent time in a Buddhist monastery between 2007 and 2008.

Barack Obama

Barack Hussein Obama II (US ⁱ/bəˈrɑːk huːˈseɪn oʊˈbɑːmə/; born August 4, 1961) is an American politician serving as the 44th President of the United States, the first African American to hold the office. Born in Honolulu, Hawaii, Obama is a graduate of Columbia University and Harvard Law School, where he served as president of the Harvard Law Review. He was a community organizer in Chicago before earning his law degree. He worked as a civil rights attorney and taught constitutional law at University of Chicago Law School between 1992 and 2004. He served three terms representing the 13th District in the Illinois Senate from 1997 to 2004, and ran unsuccessfully in the Democratic primary for the United States House of Representatives in 2000 against incumbent Bobby Rush.

In 2004, Obama received national attention during his campaign to represent Illinois in the United States Senate with his victory in the March Democratic Party primary, his keynote address at the Democratic National Convention in July, and his election to the Senate in November. He began his presidential campaign in 2007 and, after a close primary campaign against Hillary Rodham Clinton in 2008, he won sufficient delegates in the Democratic Party primaries to receive the presidential nomination. He then defeated Republican nominee John McCain in the general election, and was inaugurated as president on January 20, 2009. Nine months after his inauguration, Obama was named the 2009 Nobel Peace Prize laureate.

Court

A court is a tribunal, often as governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.