| This thesis is a study of the application of military law in the Canadian Expeditionary Force (CEF) during the First World War. In particular, this study examines the use of the death sentence for the crimes of desertion and cowardice in order to reveal both the structure of military authority, and how strictly military law was applied. While previous studies have looked at the small number of confirmed death sentences during the First World War, this study greatly expands the research base by also using the case files of commuted death sentences in order to provide a much fairer representation of military justice. Case files from commuted death sentences include transcripts of the actual courts-martial, as well as the letters of recommendation that were provided by a convicted soldier's commanding officers. In these letters commanding officers were expected to comment on whether a death sentence should be confirmed or commuted, as well as provide the reasoning behind their decision. This study has made clear that military discipline during the Great War was far less brutal, and far more flexible than has previously been supposed. There was a great amount of leverage within the military judicial system. Every level of command was encouraged to voice their opinion, and the opinion of Battalion Commanders mattered just as much, and sometimes more, than the opinion of higher ranking Brigade and Divisional Commanders. Furthermore, in determining who would be executed, the individual records of soldiers mattered far less than the timing of an offence and the behaviour of the battalion as a whole.;Keywords: Canadian Expeditionary Force, Courts-Martial, Death Sentence, Desertion, Discipline, First World War, Military law. |
