Can You Be Denied a Court-Martial?

If you have been accused of a crime or other offense, you may be facing non-judicial punishment (NJP). But you have the option to accept or refuse NJP for a court-martial. Given the potential career-ending consequences of a single NJP, this decision can hold a lot of weight. If you decide to refuse NJP, can you be denied a court-martial?

Non-Judicial Punishment (NJP)

NJP, also referred to as Article 15, is how commanding officers can deal with minor infractions without the whole court-martial process. Many times, it is used as a quick way to fix small issues.

If a service member commits a minor offense, like being late for duty, disobeying a direct order, or causing property damage, their commanding officer may choose to impose NJP. The officer will act as both judge and jury to determine the appropriate punishment.

A military member, other than those assigned to a ship or a Marine or Sailor deployed on a vessel, has the right to refuse NPJ under Article 15 of  The United States Uniform Code of Military Justice (UCMJ). Instead, a service member may demand a court-martial.

What Is a Court-Martial?

A court-martial is a criminal trial in the military justice system. There are three kinds, general, summary, and special, as outlined in the UCMJ.

General Court-Martial

A general court-martial is the most severe, usually reserved for offenses equivalent to felonies in civilian law. Crimes can include murder and manslaughter, espionage and treason, sexual assault, desertion, and other severe offenses. The general court-martial proceeding involves a military judge and at least five members, although a service member has the right to opt for a bench trial.

Special Court-Martial

A special court-martial is the second most serious type of military trial, similar to civilian misdemeanor offenses. It is presided over by a military judge and at least three members, although similar to a general court-martial, a service member can opt for a bench trial.

Special courts-martial are limited in their sentencing power, meaning they cannot impose the death penalty, dismissal, dishonorable discharge, hard labor, extreme forfeiture of pay, or imprisonment for more than a year.

Summary Court-Martial

A summary-court martial is the least severe and is presided over by a commissioned officer rather than a judge. This court is limited to minor offenses and cannot impose severe punishments like the death penalty or dishonorable discharge, but rather rank reduction or up to a month of imprisonment.

Can You Be Denied a Court-Martial?

While most military members can refuse NJP, you cannot be denied a court-martial. By refusing NJP and opting for a court-martial, the deciding power is moved from the commander to a military judge for a decision. If the judge refers the charges to either a special or general court-martial, then the military member is given due process rights.

Court-Martial and Civilian Criminal Trials: The Differences

While the court-martial process is similar to a civilian criminal trial, there are some key differences all service members should understand.

The UCMJ governs court-martial proceedings, while federal or state laws govern civilian criminal trials. Besides this, court-martials are presided over by a military judge and panel of military members whereas a civilian court includes a civilian judge and jury.

A big difference is about the standard of proof. In court-martials, the prosecution must prove guilt “to a reasonable degree of belief,” which is a lower standard than beyond a reasonable doubt. This essentially means as long as there is enough evidence to make it more likely than not that something happened, that is enough for a conviction. Additionally, court-martial juries are not required to come to a unanimous decision, unlike civilian juries.

Before Making a Decision, Consult With a Military Defense Attorney

The potential consequences for NJP can mean long-term impacts on your career, veteran’s benefits, and future. On the other hand, the consequences of a court-martial conviction can mean all that: imprisonment and a punitive discharge.

An experienced attorney can provide the support and guidance you may need to make an educated decision. They can clear any misunderstandings of the charges against you, lay out the potential punishments, and explain how your military career could be impacted.

FAQs

Q: Who Is Subject to a Court-Martial?

A: Both the California National Guard and the California State Guard, under the California State Military Department, are subject to military law. This includes members of the Army National Guard and Air National Guard, who serve as both state and federal soldiers and airmen.

Q: What Are the Types of Court-Martial?

A: There are three types of court-martial, each for offenses ranging in severity. A summary court-martial is presided over by a single officer and reserved for minor infractions. For more serious offenses, a special court-martial is convened, led by a military judge and a panel of at least three members. The most serious offenses are reserved by a general court-martial and include a judge and a panel of five members.

Q: How Long Does the Court-Martial Process Take?

A: There is not one answer to this question, as every case is different. A summary court-martial, in general, will last a single day, whereas special and general court-martials can take months. A military criminal defense lawyer can provide you with an answer once they understand the aspects of your case.

Q: How Does NJP Differ From a Court-Martial?

A: NJP is a less formal process for minor offenses. Usually, the consequences do not result in any criminal convictions, but with extra duty, restrictions, or loss of privileges. A court-martial is a trial process with military judges and personnel and the accused has the right to legal representation and due process.

Q: Can NJP Affect My Military Career?

A: Yes, the consequences of NJP can mean a loss of rank, restrictions on activities, loss of pay, extra duty, and formal reprimands on your military record. This could affect your chances for a promotion, re-enlistment, and future assignments, as well as damage your military reputation. If you’re afraid of how NJP can impact your career, a military defense attorney can hear your concerns and provide advice on potential options.

We Protect the Rights of Our California Service Members

The military justice system is different from the civilian justice system. If you are a service member facing charges, you need an attorney who is experienced in UCMJ violations and military criminal defense. Protect your future and contact Aaron Meyer Law today.