Decoding Court Martials
The court-martial system is a one-of-a-kind legal procedure designated for active duty members of the United States Armed Forces. A court-martial is the most severe judicial process you will likely face if you serve in the military, commit a criminal crime, or violate military regulations.
Non-judicial penalties are imposed by the offending service member’s commanding officer for less severe infractions and violations of military etiquette. Court martial procedures commence when an infraction exceeds the limits of what qualifies for non-judicial punishment. To learn more about court-martials, consult an experienced attorney today.
Understanding court-martials
A court-martial is a judicial procedure comparable to a civilian court trial for military troops. It is typically reserved for major crimes such as felonies. Non-judicial punishment (NJP) is generally used for less serious criminal offenses or violations of military etiquette and standards. Among the services, NJP is known by several names such as “Article 15,” “Office Hours,” and “Captain’s Mast.”
The Uniform Code of Military Justice (UCMJ) specifies three types of courts-martial:
- Summary
- Special
- General
The types of infractions considered, the composition of the judge and jury, and the punishments available vary across court-martial.
Summary court-martial
A summary court-martial is a hearing by a commissioned officer, acting as both judge and jury, for minor crimes involving enlisted members. The accused can cross-examine witnesses, submit evidence, testify, or remain silent. Although they do not have a free military attorney, they can hire one and be represented during hearings. Penalties can include up to one month of incarceration, hard labor, pay loss, and rank demotion.
Special court-martial
A special court-martial, also known as a misdemeanor court, is a panel of at least three members and a military judge with the authority to trial anyone subject to the UCMJ. It can inflict punishments such as death, dishonorable discharge, dismissal, imprisonment for more than one year, hard labor without confinement for more than three months, pay loss of more than two-thirds of pay each month, or pay forfeiture for more than one year.
The accused can be defended by free military counsel or hire their civilian attorney. If found guilty, members face poor conduct discharge, up to one year in confinement, hard work without confinement for up to three months, and forfeiture of up to two-thirds of their monthly salary for up to one year. Officers cannot be lowered in rank or dismissed.
General court-martial
A general court-martial is a criminal court consisting of a panel of at least five members and a military judge. It can try anyone subject to the UCMJ, including enlisted personnel, officers, and midshipmen. The accused can choose free military counsel or hire their attorney. The court can impose any punishment not forbidden by the UCMJ, including the death penalty, when expressly permitted.
