(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.
(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.
(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.
