...extract from "A Rough Guide to Military Discipline", Popular Press Associates:
The requirements for a Field General Court Martial are as follows:
The Board who sit in judgement will consist of the following:
3 x Officers, 1 of which must be of Field Rank (Marine Major or above).
1 x Officer to Prosecute.
1 x Officer to Defend.
1 x NCO to act as Clerk to the Court.
1 x Person of the same rank as the accused to act as Escort (must be the
same rank - there is a good reason for this).
1 x Person to act as the Court Recorder and verify the record is accurate.
The accused is referred to as "Prisoner" until sentence is passed.
Court assembles and a check is made that those present meet the above requirements.
Court checks that notification of the Trial was passed to all those likely to wish to attend as observers.
Court warns observers they are not permitted to speak or interfere in any way with the proceedings.
Court checks that Prisoner, and Witnesses are present, and that both Prosecution and Defence are ready.
Everybody is then assembled in Court in order to swear the Court in. This procedure is simple - everyone enters and stand / sits so they can see the Board. The Prisoner comes in and his identity is checked. The charges are then read out and he is asked if he objects to any member of the Court. He can object if he knows a member socially or by reputation, but not if he just doesn't like the look of him. If there are objections another Officer is brought in to replace the Officer objected to. When a Board has been agreed, they take a formal oath to "Promise to well and truly try the accused, without fear or favour, and revealing nothing of the proceedings to anyone outside the Court, from this day forth and forevermore". Then the witnesses go out until they are called, and the Trial starts.
The charges are read out again, and the Prisoner asked if he understands them (the President must be sure he really does understand them, so he can ask questions and explain the likely sentence if he is found guilty), and how does he plead? If guilty, the Prosecution simply make a statement as to what happened, the Defence enter a plea of clemency and the Board decide sentence. The President does not have to accept a plea of Guilty if he believes there is any doubt, and can require the Prosecution to make his case fully even if the Prisoner pleads guilty.
If not-guilty, the Prosecution makes an opening statement (one paragraph) saying what he hopes to prove. The Defence then make a short statement (one paragraph) saying what they hope to prove. The Prosecution then make their case and call witnesses. Each witness gets questioned by the Prosecution first, then the Defence. When the Prosecution is finished, the Defence starts and the process is reversed.
Finally they sum-up with short statements, Prosecution then Defence.
At any stage the Board may ask questions if they are unclear, but should not attempt to do the Defence or Prosecution's work. If they spot a vital question that either side has failed to ask, however, they are perfectly at liberty to ask it as the primary task of the Board is to establish the truth.
When the cases have been made, everyone leaves except the Board. They discuss the case freely, until the President of the Board is satisfied they are ready to decide. He then asks the most junior officer what his verdict it, the next most junior, then says what he thinks.
If two think him guilty and one innocent, the discussion continues until the President decides they can't agree and a re-trial must be called. If they all agree he is guilty but differ on the degree of the sentence, the President can overrule one (but not both) of the other officers - the sentence is subject to confirmation by a higher authority in any case.
The Court is then re-convened and everyone called in to hear the verdict.
If he is innocent, he is told that "It is the Verdict of the Court that you are innocent. You are free to go." Everyone then has to wait while the innocent man walk out.
If he is found guilty, the sentence is passed, and all stand while the Board leave. The prisoner is then escorted away.