what is a court martial

what is a court martial

1 year ago 37
Nature

A court-martial is a legal proceeding for military members that is similar to a civilian court trial. It is a military court or a trial conducted in such a court, empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. There are three types of courts-martial: summary, special, and general.

  • Summary Court-Martial: This type of court-martial consists of one officer who serves as judge and jury. It can hear cases only involving enlisted personnel for less serious offenses. The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial.

  • Special Court-Martial: This is the intermediate court-martial level, and there are two types. The first consists of a military judge, trial counsel (prosecutor), defense counsel, and, should the accused elect, a four-member panel, i.e., jury. In this type of special court-martial, an accused may elect to be tried by the military judge alone, i.e., without a panel. A sentence by a special court-martial with a military judge alone is no more than six months confinement (or a lesser amount if the offenses have a lower maximum), forfeiture of pay for six months, and reduction in rank for an enlisted accused. An officer accused in a special court-martial cannot be dismissed from the service, be confined, or reduced in rank.

  • General Court-Martial: This is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and six to eight court members (jurors). The accused may elect trial by judge alone in all cases except those referred as capital cases. A general court-martial can try any offense and impose any penalty.

Courts-martial proper are instituted only during a war, by decree of the government. Such courts-martial have jurisdiction over all crimes committed by military persons. In addition, they may handle criminal cases against civilians in areas where ordinary courts have ceased operation, if the matter is urgent.

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