America’s best don’t beat the law. 545 separate court-martial cases were pending by the end of the fiscal year 2018.
Every soldier can go in front of a court-martial. But that does not mean that anyone is helpless if they stand accused of a crime.
What does it mean to be court-martialed, and what is a court-martial? What occurs when a soldier is accused of a crime? What are the different kinds of courts-martial?
Answer these questions and you can launch a great defense for yourself in military court. Here is your quick guide.
The First Steps of the Court-Martial Process
The Uniform Code of Military Justice (UCMJ) is the legal code that all service members must follow. Any service member accused of violating the UCMJ may wind up facing court-martial hearings.
The first person they will go to is their commanding officer. If the officer has probable cause, they can detain the service member and determine a course of action. The officer can impose a form of punishment besides a court-martial hearing.
If a court-martial is the right course of action, one must occur within 120 days of the service member’s arrest. They will be informed of their charges and given an opportunity to find a lawyer.
Types of Courts-Martial
Court-martial hearings function like trials. A prosecutor brings up evidence to convince a jury to convict a defendant of misconduct. But a defendant can defend themselves with military defense lawyers.
There are three main types of courts-martial. Each has its own processes and punishments.
General Court-Martial
A general court-martial prosecutes the most severe offenses that a soldier may commit. Felonies like murder and rape will lead to a general court-martial.
Panels of enlisted personnel and non-military legal experts oversee most general hearings. The defendant can request to have a trial by one military judge alone. They can also ask that military members make up one-third of the panel.
The panel or judge can deliver any punishment that the UCMJ does not prohibit. This includes the death penalty.
Special Court-Martial
Special court-martials are misdemeanor courts. They can try crimes like drug possession and being AWOL.
Panels have three or more members and a military judge. The defendant can ask for a judge-only hearing as well.
Special court-martial panels and judges can impose any punishment of moderate severity. They cannot give a defendant the death penalty, a long prison sentence, or forfeiture of pay for more than one year.
Summary Court-Martial
Summary court-martials involve minor offenses, including ones that may not qualify as misdemeanors. One commissioned officer oversees the hearing and acts as judge and jury.
A defendant does not have the right to a free attorney. But they can cross-examine witnesses as well as call their own witnesses. A defendant faces up to one month in confinement if they are convicted.
So What Does It Mean to Be Court-Martialed?
Many people have questions about courts-martial. How does the process begin? A commanding officer must receive a report of misconduct and determine a hearing is necessary.
What does it mean to be court-martialed? A court-martial functions similarly to a criminal court. A hearing will give both sides the opportunity to present evidence and speak.
What kinds of courts-martial are there? A soldier can face general, special, and summary courts-martial. A general court-martial focuses on severe crimes, while special and summary courts target minor crimes.
Keep learning about military justice. Read more court-martial guides by following our coverage.
