The caveat to your post and the highlighted "in time of war".Semantics. Vietnam and Korea weren't 'officially' wars either and I bet deserters got what was coming to them.
The Constitution is very specific in that to be in a state of war, Congress has to actually "declare war".
We have not been in a Declared War since WW-2. So any good Defense Team could probably win an appeal on a death sentence.
In a sense, the Army would be in violation of someone's Constitutional Rights by handing down a death penalty when a Congress had not seen fit to issue a formal Declaration of War. Originally Posted by Jackie S