(a) In a court-martial not specified in section 124B-103(b), the convening authority may:

Terms Used In Hawaii Revised Statutes 124B-104

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Dismiss any charge or specification by setting aside the finding of guilty;
(2) Change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense;
(3) Disapprove the findings and the sentence and dismiss the charges and specifications;
(4) Disapprove the findings and the sentence and order a rehearing as to the findings and the sentence;
(5) Disapprove, commute, or suspend the sentence, in whole or in part; or
(6) Disapprove the sentence and order a rehearing as to the sentence.
(b) In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under subsection (a).
(c) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.
(d) The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 124B-103(j). The action shall be forwarded to the trial judge, who shall ensure appropriate modification of the entry of judgment and shall transmit the entry of judgment to the senior force judge advocate for appropriate action.
(e) In accordance with rules adopted by the governor or adjutant general, a commissioned officer commanding a successor in command or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
(f) The convening authority shall not order a rehearing under this section:

(1) As to the findings if there is insufficient evidence in the record to support the findings;
(2) To reconsider a finding of not guilty of any specification or a ruling that amounts to a finding of not guilty; or
(3) To reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of law.
(g) In determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of the offense in accordance with rules adopted by the governor or adjutant general. The rules shall include the matter required by section 124B-103(l).
(h) In a general or special court-martial, the decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
(i) If the convening authority acts on the findings or sentence under subsection (a), the decision of the convening authority shall include a written explanation of the reasons for the action.

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