Section 13-802 - In general.
§ 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.]