The JKCCS said, the information obtained under Right to Information (RTI) on army court-martials makes clear that court-martials have essentially served as a convenient and internal mechanism to ensure immunity to army personnel in the few cases where the investigative agencies have probed and indicted specific accused.
It said court-martial procedures are opaque and do not provide any role for the family members of the victims and the recent decision of the military court, particularly the order for bail, suggests that the culprits in this case might be acquitted as the Armed Forces Tribunal Act, 2007 stated that 'bail may not be granted if reasonable grounds of guilt exist'.
The military said no date had been set for the court-martials
Thus, shortly after not imposing a capital sentence in the Goliah and Browning court-martials, substantially the same panel sentenced Wallace Baker to death, perhaps troubled by what they perceived to be a growing outbreak of dissidence in the 55th Massachusetts.
A week after Baker's mutiny, Hartwell and another officer testified at Goliah's court-martial and cited the pay issue as the salient cause of tension within the regiment.
A court-martial comprised mostly of the same officers who tried Goliah convened to try Baker for mutiny; the same man who prosecuted and successfully argued against punishing Goliah with death served as judge advocate.
While endemic racism in the Union army tainted the disciplinary process on other levels, the records reveal that officers on general court-martial panels wrestled with providing fair judicial process to black defendants while maintaining discipline so that African American soldiers received equal treatment and justice in cases involving capital-level crimes.
(The field officer court technically replaced regimental and garrison courts-martial, but regimental courts remained in use well after promulgation of the relevant legislation.) With identical jurisdiction as a regimental court-martial, the field officer court was to forward more serious cases to a general court-martial.
For example, there is only one type of Naval Court-Martial, but following recent reforms, it is similar in most respects.
The English Court-Martial system appears as early as 1296 in the role of a military court attached to the army in Scotland.
The court-martial which tried Lance Sergeant Findlay was convened under Section 86 of the Army Act 1955 by the convening officer, who would be a General Officer in command of the formation to which the accused's unit was attached.
Similarly, when the finding and sentence of the court-martial was confirmed by the convening officer it was done so on advice from the Judge Advocate General.