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Court-Martial
Military Court System
General courts-martial are the military’s felony courts and this court may award any punishment authorized by the UCMJ and the Rules for Courts-Martial. The court has jurisdiction over both officer and enlisted service members. Similar to a special court-martial, they are also presided over by a military judge and governed by the Military Rules for Court-Martial and Evidence. A general courts-martial, however, must comprise a panel with at least five service members selected by the officer convening the court. Like a special court-martial, you may request trial by a military judge alone.
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Similar to special courts-martial, the general court-martial process begins when your chain of command, with the assistance of the JAG office, determines a court-martial is appropriate for the charges. Unlike, a special court-martial, charges may not be brought before a general court-martial without a preliminary investigation under Article 32. The Article 32 investigation is a hearing which determines whether there is sufficient evidence to warrant trial by court-martial. After the Article 32 hearing, the investigating officer will recommend whether your case should proceed to a general court-martial, be dismissed or moved to a lower court. After receiving the recommendation, if chosen, the case can proceed to general court-martial within five days.
Summary Court-Martial
Summary courts-martial are restricted to enlisted service members. Penalties are restricted to one reduction in a pay grade, 30 days of incarceration and a fine of one half month’s pay. Although not entitled to appointed counsel, service members may hire civilian counsel of their choosing. A summary court-martial comprises one commissioned officer who acts as judge, prosecutor and defense in the proceeding.
During a summary court-martial, the judge inquiries into both sides of the case, protecting the interests of both the defense and the prosecution, and impartially deciding the case.
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An enlisted person facing criminal charges has the right to refuse trial by summary court-martial. In some circumstances, you may hire a civilian defense counsel to represent you. During the summary court-martial, your court-martial lawyer will have the right to cross-examine witnesses, call witnesses, produce evidence, testify under oath, remain silent and raise motions.
Special Court-Martial
If you refuse trial by summary court-martial, your command has the option to try your case as a special court-martial or general court-martial instead. Special courts-martial are misdemeanor courts and have jurisdiction over both officer and enlisted personnel. The court is presided over by a military judge, and is composed of at least three active-duty members forming the military equivalent of a jury. If desired, you may request trial by a military judge alone.
Conduct of the trial is governed by the Military Rules for Court-Martial and Evidence. For enlisted service members, special courts-martial may impose up to one year of confinement, forfeiture of all pay allowances, a reduction in rate to the lowest enlisted pay grade, and a Bad Conduct Discharge. For officers, the court is limited to a letter of reprimand as punishment.
The special court-martial process begins when your chain of command, with the assistance of the JAG office, determines a court-martial is appropriate for the charges. If the commander determines that the case should proceed to special court-martial then the proceedings begin with the appointment of active duty service members to serve as the court-martial panel and the referral of charges to them. Unlike a general court-martial, a pre-trial investigation is not required prior to commencing trial. Once the charges are referred to a special court-martial, the case can begin within three days. An accused service member has the same procedural rights at a special court-martial as at a general court-martial.
General Court-Martial
General courts-martial are the military’s felony courts and this court may award any punishment authorized by the UCMJ and the Rules for Courts-Martial. The court has jurisdiction over both officer and enlisted service members. Similar to a special court-martial, they are also presided over by a military judge and governed by the Military Rules for Court-Martial and Evidence. A general courts-martial, however, must comprise a panel with at least five service members selected by the officer convening the court.
Like a special court-martial, you may request trial by a military judge alone. Similar to special courts-martial, the general court-martial process begins when your chain of command, with the assistance of the JAG office, determines a court-martial is appropriate for the charges. Unlike, a special court-martial, charges may not be brought before a general court-martial without a preliminary investigation under Article 32. The Article 32 investigation is a hearing which determines whether there is sufficient evidence to warrant trial by court-martial. After the Article 32 hearing, the investigating officer will recommend whether your case should proceed to a general court-martial, be dismissed or moved to a lower court. After receiving the recommendation, if chosen, the case can proceed to general court-martial within five days.
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