Section 13-802 - In general. - Maryland Statutes

§ 13-802. In general.
 

(a)  Types of courts-martial.- There are three types of courts-martial: 

(1) a general court-martial; 

(2) a special court-martial; and 

(3) a summary court-martial. 

(b)  Jurisdiction; powers; procedures; composition.-  

(1) Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding: 

(i) jurisdiction; 

(ii) powers, with the exception of punishment; 

(iii) procedures; and 

(iv) composition. 

(2) In a case of absence without leave, an offender shall be referred to a summary court officer for trial without first being referred to an investigating officer. 

(c)  Persons subject to court-martial.-  

(1) A member of a force organized under this title is in the actual service of the State and is subject to all military laws, orders, and regulations. 

(2) A violation of a military law, order, or regulation is an offense against the State and is punishable as provided in this subtitle. 

(d)  Jurisdiction of court-martial.-  

(1) The jurisdiction of a court-martial established under this subtitle is presumed to be correct. 

(2) A person alleging lack of jurisdiction in an action or proceeding has the burden of proving lack of jurisdiction. 
 

[An. Code 1957, art. 65, §§ 43, 47; 2003, ch. 5, § 2.]