In general

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    (a)    There are three types of courts-martial:

        (1)    a general court-martial;

        (2)    a special court-martial; and

        (3)    a summary court-martial.

    (b)    (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)    (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)    (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.


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