What is a Military Court Martial? Court Martial Explained

What is a Military Court Martial? A Court Martial Lawyer Explains

Overview of the different types of military courts-martial:

This article will answer the question: What is a Military Court Martial? Unlike Article III federal district courts, military courts are not continuing courts. Military courts are created by individual Court-Martial Convening Orders (CMCO). Without a CMCO, there is no court and thus no authorization to adjudicate any charged offense. Congress, in creating the military justice system, established three types of courts-martial:

1. Summary court-martial,
2. Special court-martial, and
3. General court-martial. Article 16, UCMJ; 10 U.S.C. § 816.

While the Rules of Courts-Martial and the Military Rules of Evidence apply to all courts-martial, the jurisdiction and authorized punishments vary among the different court-martial types.

Types of Courts-Martial in the Military Justice System (UCMJ)

The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. It establishes the legal framework for the conduct of members of the armed forces and provides the procedures for addressing violations of military law. One of the key components of the UCMJ is the court-martial system, which is used to try service members accused of crimes. There are three main types of court-martial: Summary Court-Martial, Special Court-Martial, and General Court-Martial. Each type serves a specific purpose and has its procedures, powers, and limitations.

What is a Summary Court-Martial

A Summary Court-Martial is the most informal and lowest level of court-martial. It is designed to handle minor offenses and provides a simplified procedure for quickly addressing disciplinary issues. The key characteristics of a Summary Court-Martial include:

Composition of a Summary Court-Martial

A summary court martial is composed of a single commissioned officer who acts as the judge, prosecutor, and defense counsel. This officer is typically a senior officer but not necessarily a lawyer. The informal nature of the summary court martial means that the procedures are less complex than those in higher courts martial.

Jurisdiction of a Summary Court-Martial

The Summary Court Martial has jurisdiction over enlisted personnel only. It cannot try commissioned officers, warrant officers, cadets, or midshipmen. Additionally, the accused must consent to be tried by a Summary Court Martial; if the accused does not consent, the case must be referred to a higher court martial.

Procedures for a Summary Court-Martial

The procedures in a Summary Court-Martial are streamlined and less formal. The accused has the right to be informed of the charges, to examine the evidence against them, to present their evidence, and to call and cross-examine witnesses. However, the accused does not have the right to legal representation by a military lawyer but may hire a civilian lawyer at their own expense.

Punishments at a Summary Court-Martial

The punishments that can be imposed by a Summary Court-Martial are limited and include:

• Confinement for up to 30 days
• Forfeiture of up to two-thirds of one month’s pay
• Reduction to the lowest enlisted grade
• Restriction to specific limits for up to 60 days
• Hard labor without confinement for up to 45 days

What is a Special Court-Martial?

A Special Court-Martial is the intermediate level of court-martial and is used to try more serious offenses than those handled by a Summary Court-Martial. The Special Court-Martial provides a more formal process and greater procedural protections for the accused. The key characteristics of a Special Court-Martial include:

Composition of a Special Court-Martial

A Special Court-Martial can be composed of either a military judge alone or a panel of at least three members, which may include both officers and enlisted personnel. If the accused is an enlisted service member, they may request that at least one-third of the panel be composed of enlisted members. Additionally, the accused has the right to be represented by a military defense counsel or to hire a civilian lawyer at their own expense.

Jurisdiction of a Special Court-Martial

The Special Court-Martial has jurisdiction over all service members, including enlisted personnel, commissioned officers, and warrant officers. It can try a wide range of minor to moderately serious offenses.

Procedures at a Special Court-Martial

The procedures in a Special Court-Martial are more formal and closely resemble those of civilian criminal trials. The accused has the right to a trial by jury, to be represented by legal counsel, to confront and cross-examine witnesses, to present evidence, and to remain silent without having their silence used against them. Additionally, the rules of evidence and procedure are more strictly enforced than in a Summary Court-Martial.

Punishments at a Special Court-Martial

The punishments that can be imposed by a Special Court-Martial are more severe than those of a Summary Court-Martial and include:

• Confinement for up to 12 months
• Forfeiture of two-thirds pay per month for up to 12 months
• Reduction to the lowest enlisted grade
• Bad-conduct discharge (for enlisted personnel)
• Hard labor without confinement

What is a General Court-Martial?

A General Court-Martial is the highest level of court-martial and is reserved for the most serious offenses, including felonies and other grave breaches of military law. The General Court-Martial provides the most formal process and the greatest procedural protections for the accused. The key characteristics of a General Court-Martial include:

Composition of a General Court-Martial

A General Court-Martial can be composed of either a military judge alone or a panel of eight members, which may include both officers and enlisted personnel. If the accused is an enlisted service member, they may request that at least one-third of the panel be composed of enlisted members. The accused has the right to be represented by a military defense counsel or to hire a civilian lawyer at their own expense.

Jurisdiction of a General Court-Martial

The General Court-Martial has jurisdiction over all service members, including enlisted personnel, commissioned officers, and warrant officers. It can try the most serious offenses, including murder, rape, and other felonies.

Procedures at a General Court-Martial

The procedures in a General Court-Martial are the most formal and closely resemble those of civilian criminal trials. The accused has the right to a trial by jury, to be represented by legal counsel, to confront and cross-examine witnesses, to present evidence, and to remain silent without having their silence used against them. Additionally, the rules of evidence and procedure are strictly enforced.

Punishments at a General Court-Martial

The punishments that can be imposed by a General Court-Martial are the most severe and can include:

• Confinement for life or a specified period
• Forfeiture of all pay and allowances
• Dishonorable discharge (for enlisted personnel)
• Dismissal from the service (for officers)
• Death penalty (for certain offenses)

Appellate Review

Convictions and sentences from courts-martial are subject to appellate review to ensure fairness and compliance with legal standards. The review process varies depending on the type of court-martial and the severity of the sentence:

• Summary Court-Martial: The record of a Summary Court-Martial is reviewed by the convening authority, who can approve, disapprove, or modify the findings and sentence.
• Special Court-Martial: The convening authority reviews the record of a Special Court-Martial, and if the sentence includes a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, the Court of Criminal Appeals also reviews it.
• General Court-Martial: The record of a General Court-Martial is reviewed by the convening authority and the Court of Criminal Appeals if the sentence includes a punitive discharge, confinement for more than one year, or forfeiture of all pay and allowances.

Convening Authority

The convening authority is a senior military officer who can convene a court-martial. This authority plays a crucial role in the military justice system and has several important responsibilities:

• Initiating Courts-Martial: The convening authority decides whether to refer charges to a court martial and, if so, which type of court-martial is appropriate.
• Selecting Members: The convening authority selects the court-martial panel members, ensuring a fair and impartial panel.
• Reviewing Findings and Sentences: The convening authority reviews the findings and sentences of courts-martial, with the power to approve, disapprove, or modify them.

Differences Between Military and Civilian Trials

While military courts-martial share some similarities with civilian criminal trials, there are several key differences:

• Jurisdiction: Courts martial have jurisdiction over service members, whereas civilian courts have jurisdiction over civilians. Military personnel can be tried for offenses specific to the military, such as desertion or insubordination, and for common crimes like theft or assault.
• Command Influence: The military justice system operates within the chain of command, and commanders have significant authority over the initiation and outcome of court-martial. This can lead to concerns about unlawful command influence, where commanders may improperly influence the proceedings.
• Rights and Protections: While service members have many of the same rights and protections as civilians, there are differences in how these rights are implemented in the military justice system. For example, the right to a jury trial in a court martial involves a panel of military members rather than a civilian jury, and the rules of evidence and procedure can differ in certain respects.
• Speed of Proceedings: Courts-martial are often conducted more quickly than civilian trials, reflecting the need to maintain discipline and order in the military environment.

Policies Behind a Court-Martial

The policies behind the court-martial system are designed to ensure justice, maintain discipline, and uphold the integrity of the military. Key policies include:

• Good Order and Discipline: Courts-martial are intended to maintain good order and discipline within the armed forces. The military requires high discipline and adherence to rules to function effectively, and the court-martial system enforces these standards.
• Fairness and Justice: The military justice system aims to provide fair and impartial trials for service members accused of crimes. This includes ensuring that the accused has the right to legal representation, a fair trial, and the opportunity to present a defense.
• Deterrence: By holding service members accountable for their actions through court-martial, the military aims to deter misconduct and promote adherence to military law and regulations.
• Protection of Rights: The UCMJ and the Manual for Courts-Martial protect the rights of the accused, including the right to remain silent, the right to counsel, and the right to a speedy trial.
• Transparency and Accountability: The court-martial system ensures transparency and accountability in the administration of military justice. Decisions and sentences are subject to review to prevent abuses of power and ensure adherence to legal standards.

Collateral Consequences of a Conviction

A conviction at a court-martial can have numerous collateral consequences that extend beyond the immediate legal penalties. These consequences can significantly impact the convicted service member’s future, including:

• Employment Issues: A court-martial conviction can make it difficult to obtain civilian employment, particularly for offenses involving dishonesty, violence, or sexual misconduct. Many employers conduct background checks and may be reluctant to hire individuals with a criminal record.
• Loss of Military Benefits: A conviction that results in a dishonorable discharge or bad-conduct discharge typically leads to the loss of military benefits, including retirement pay, VA benefits, and healthcare. This can have a significant financial impact on the service member and their family.
• Reputation Damage: A court-martial conviction can significantly damage a person’s and professional reputation. The stigma associated with a criminal conviction can lead to social ostracism and loss of respect from peers, family, and the community.
• Registration as a Sex Offender: For certain offenses, such as sexual assault, the convicted service member may be required to register as a sex offender. This carries additional restrictions and monitoring requirements that can affect many aspects of their life.
• Civil Liability: A court-martial conviction does not preclude the possibility of civil lawsuits. The victim or their family may file a civil suit for damages, resulting in financial liabilities and further legal battles.
• Impact on Voting and Gun Ownership Rights: Depending on the severity of the conviction and the jurisdiction, a court-martial conviction can affect the service member’s civil rights, including the right to vote and the right to own firearms.
• Difficulty in Re-Enlistment or Joining Another Branch: A service member with a court-martial conviction may face significant obstacles if they wish to re-enlist or join another military branch. The nature of the conviction and the resulting discharge status can limit their eligibility for future military service.

Facing a Court-Martial, Contact Our Military Defense Lawyers to Discuss Your Case

The court-martial system under the UCMJ is a critical component of the military justice system, designed to address violations of military law and maintain discipline within the armed forces. The three types of courts-martial—Summary Court-Martial, Special Court-Martial, and General Court-Martial—each serve distinct purposes and are tailored to handle different levels of offenses. Understanding the composition, jurisdiction, procedures, punishments, and collateral consequences of each type of court-martial is essential for appreciating the complexities of military justice.

The policies behind the court-martial system emphasize fairness, justice, and the protection of rights while ensuring the maintenance of good order and discipline. A conviction at a court-martial can have far-reaching consequences, affecting a service member’s career, benefits, reputation, and civil rights. By upholding the standards of conduct required in the military, the court-martial system plays a vital role in preserving the integrity and effectiveness of the United States armed forces.