Can You Be Denied a Court-Martial?

For military personnel, court-martial is the ultimate means of prosecuting allegations of criminal conduct within the Uniform Code of Military Justice (UCMJ). However, can you be denied a court-martial? The answer lies in the elaborate protocols and discretion of military justice.

Understanding a Court-Martial

There isn’t always a court-martial called for every UCMJ violation. Rather, the decision depends on the gravity of the crime, the evidence, and the commanders’ discretion. Court-martial proceedings usually take place in the most serious situations, including criminal offenses, whereas less serious offense cases are handled through non-judicial punishment (NJP) or administrative action.

Military personnel cannot be denied a court-martial if the case warrants it, per UCMJ standards. However, in some cases, a commander or court of law will decide that a court-martial is neither necessary nor proper given the set of circumstances.

Non-Judicial Punishment

In some cases, a court-martial may not be warranted. Many times, especially in minor offenses, an officer may opt for NJP. NJP is an administrative measure enabling commanding officers to sanction minor violations of the UCMJ. Such infractions are rarely severe enough to call for a court-martial. NJP is informal, whereas court-martial carries significant penalties for the defendant.

Commanders use NJP as an alternative to court-martial when the offense is relatively minor, and they are attempting behavior correction rather than severe punishment. NJP does so through administrative means that spares the accused the burdens, stigma, and potentially career-ending effects of a court-martial.

Examples of offenses that may warrant NJP include minor unauthorized absences, disrespecting a superior officer, minor negligent damage to property, and failing to follow orders (typically, less serious orders that do not pose a threat to others). Choosing NJP over court-martial depends on a number of factors, including the severity of the offense or lack thereof, the amount of evidence available, and the commander’s discretion.

Can I Be Denied Court-Martial?

Military personnel usually cannot be denied a court-martial if their crime warrants formal action under the UCMJ. Court-martial is the preferred means of punishment for serious offenses. For minor violations, commanders tend to opt instead for other forms of punishment, such as Article 15 Non-Judicial Punishment (NJP) or administrative separation. These options allow the military to prosecute misconduct faster and with fewer resources than a court-martial.

Military service members may decline NJP and seek a court-martial if they wish to appeal the charges at an actual trial. This guarantees fair treatment and the ability to argue the case with greater procedural protections, including representation by lawyers and the right to offer evidence and call witnesses.

Any service member who believes their claim to a court-martial is being disallowed should seek legal advice to overturn the decision and defend their rights under military law.

Refusing NJP

Service members may elect not to pursue NJP as mandated in Article 15 of the UCMJ and instead appeal a court-martial. This choice allows them to argue charges in a trial-like atmosphere where they enjoy additional procedural protections, such as the right to lawyer representation, cross-examination of witnesses, and the higher burden of proof required for conviction.

Refusing NJP can be smart if the evidence against the accused is weak or if the crime might have serious implications for the accused’s military career. However, refusing NJP can be risky. In contrast to NJP, which is administrative and carries a lighter punishment, a conviction for court-martial can result in more serious punishments such as prison time, honorable discharge, or a criminal record.

Service members who are considering this course of action should do so under the professional guidance of a military defense lawyer and take time to evaluate their case, the evidence, and the outcome. It is the key to making sure their case and future are handled as efficiently as possible.

Understanding Your Rights

If you are a service member, you should know your rights under the UCMJ, especially if you’re being subjected to discipline. Whether it’s NJP or court-martial, your rights set the foundation for your defense and dictate your outcome.

Being aware of your right to remain silent, getting legal representation, and bringing forth evidence or witnesses can make a difference in the outcome of your case. Military justice can be a complicated system, and if you misunderstand or deny your rights, your career and your reputation are at stake.

FAQs

Q: Can You Be Denied Court-Martial?

A: Usually, personnel cannot be denied a court-martial if their crime requires a formal review under the UCMJ. For minor violations, commanders may instead use NJP or administrative measures. Yet soldiers can revoke NJP in most instances and appeal to court-martial for due process. Legal counsel can challenge any illegal rejection of a court-martial and fight for the service member’s rights.

Q: Will a Court-Martial Show Up on a Background Check?

A: Yes, a court-martial will appear on a background check if convicted. A court-martial conviction is the same as a federal criminal conviction and will be listed on federal databases available at background checks. It can have ramifications for job prospects, security clearances, and other civilian opportunities. Such results must be reduced or challenged with skilled legal advice.

Q: How Do You Get Out of Court-Martial?

A: Defending yourself from a court-martial is often a matter of negotiating a deal before the trial or bringing strong evidence to get charges reduced or dismissed. It could include highlighting procedural violations, incomplete evidence, or circumstantial factors. Sometimes, administrative measures or NJP are proposed as remedies. You need a professional military defense lawyer to review your options, enforce your rights, and get you the greatest result possible.

Q: What Happens If You Lose a Court-Martial?

A: Losing a court-martial could result in confinement, pay forfeiture, rank transfer, dishonorable discharge, or the death penalty, in the worst cases. This punishment varies depending on the type of court-martial, whether summary, special, or general, and the charges. Also, convictions can result in a criminal record and/or imprisonment. You can always appeal the decision, especially with the help of an attorney.

Contact Aaron Meyer Law

If you are facing a court-martial or NJP and are considering your legal options, Aaron Meyer Law can help. We can help you understand your legal options and choose the most appropriate course of action. Contact us today for more information.