HRS §124B-101
When a court-martial mistake can be corrected
A court-martial decision is not thrown out just because of a legal mistake, unless the mistake seriously hurt the accused person's rights. A reviewer who can approve a guilty finding may instead approve a less serious related offense.
courts
The statute, as written — Error of law; lesser included offense
(a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
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