Prior to the UCMJ (Uniform Code of Military Justice) that was created in 1951, how did the process of military punishment go?
Who determined whether execution or confinement was necessary?
Were executions/confinement/trials regulated or were they simply dependent on who was in command at the time and place they were held?
I'm just wondering because I was reading about the UCMJ and wanted to know some history about the US Military's legal system. I'm interested in not only the time period right before UCMJ (WW2) but also everything prior, such as the military penal system during WW1, Civil War, and even before that.
From 1775 until 1951 military law was covered under the articles of war (they where revised and had articles added over time of course) which you can read here http://suvcw.org/education/documents/articles.htm
Several articles mention the death penalty (things such as assaulting fellow enlisted/officers, desertion, and other things like that.) the navy also had its own articles called the "Articles for the Government of the United States Navy" until all the branches where brought under the UCMJ.
Along with courts-martial commanding officers Have the authority to carry out a Nonjudicial punishment. Also called a Captains Mast in the navy. Nowadays the power and limits of a mast is covered in article 15 of the UCMJ but really I don't know what limits a CO would have before then. I hope that helped, I'm just a lowly enlisted with a passion for military history and I'm sure people with better knowledge of this topic can go into more detail for you!