What Are the Requirements for a Court-Martial?

If you’re summoned for a court-martial, it is normal to have questions. It can be a confusing and frightening time, but having a grasp on what will happen can ease some of those emotions. So, if you’re asking yourself, “What are the requirements for a court-martial?” don’t hesitate to consult with a military defense attorney.

What Is a Court-Martial?

A court-martial is a military trial where courts try a military member for offenses against military law. These are active-duty personnel, reserve personnel on active duty, members of the National Guard on active duty, cadets and midshipmen at service academies, and any civilian employees of the Department of Defense who are with the armed forces on the field. Unlike a civilian criminal trial, courts-martial are governed by the Uniform Code of Military Justice (UCMJ).

What Are Requirements for a Court-Martial?

Jurisdiction

The court-martial must have jurisdiction over the offense and the accused, meaning that the offense must have been committed by a member of the armed forces while on active duty and subject to the UCMJ.

Probable Cause

There must be probable cause to believe that the accused has committed the offense. This could be through witness testimony, physical evidence, video or audio recordings, military regulation order violations, or other evidence.

Referral to Trial

The case needs to be referred to a court-martial by a commanding officer. This officer will weigh the seriousness of the offense, the accused’s military record, and any other relevant factors.

Properly Convened and Composed Court-Martial

The court-martial is required to be properly convened and composed by the UCMJ and the Rules for Courts-Martial. This outlines the requirements of each type of court-martial and whether or not a military judge and other military personnel need to be involved.

Types of Courts-Martial, Offenses, and Punishments

There are three types of court-martial: summary, special, and general. Each type has different requirements for offenses and how severe the punishments may be.

Summary Court-Martial

A summary court-martial is a simplified process meant to handle minor offenses. It is presided over by one officer. Some of the common offenses handled through summary court-martial include being late to formation, failing to wear the proper uniform, neglect of duty, fighting, or disorderly conduct.

Individuals facing a summary court-martial may face penalties of up to 30 days of confinement, demotion in rank, or loss of pay. The accused is not entitled to a free military defense attorney here but has the option to hire civilian legal counsel.

Special Court-Martial

A special court-martial is the intermediate level of military justice. It can include a military judge, prosecutor, defense attorney, or a jury of military personnel. Some of the more common offenses tried in special court-martial include drug offenses, alcohol-related offenses, theft, assault, fraud, neglecting duties, or insubordination.

Punishments for offenses tried by a special court-martial can include up to a year of confinement, forfeiting pay, bad conduct discharge, demotion in rank, and other penalties similar in severity.

General Court-Martial

The most severe type is general court-martial. It is presided over by a military judge and prosecutor and consists of a defense attorney and a panel of military personnel. Unless the death penalty is a potential punishment, an accused military member may request a bench trial before the military judge alone.

Potential offenses that are brought to general court-martial are serious felonies like murder, sexual assault, treason and espionage, desertion, drug trafficking, fraud and theft, maltreatment of subordinates, insubordination, or misconduct that undermines the reputation and integrity of the military.

Since these offenses are the most severe a person can commit while on active duty, the range of potential punishments is imprisonment, a dishonorable or bad-conduct discharge, demotion in rank, dismissal from service, and even the death penalty.

Why it Matters to Have a Military Defense Attorney

There is a lot on the line during a court-martial. You could lose your job, retirement, or even current and past military benefits, so safeguard your rights by hiring a military defense attorney. They can investigate your case, build a strong defense, negotiate with the prosecution, and represent you in court.

FAQs

Q: How Long Does a Court-Martial Last?

A: The length of a court-martial can range from as short as one day for a minor offense to as long as several months for more serious charges. This can be due to how complex the case is, the number of charges, and witness availability. Meeting with a military defense lawyer can help you get a clearer understanding of your case’s timeline.

Q: What Are the Punishments for a Court-Martial?

A: The potential punishments for a court-martial depend on the severity of the conviction. The least severe can include forfeiture of pay, restrictions, and extra duties, whereas the most severe can be dishonorable discharge, reduction in rank, or life imprisonment. The consequences can make their way into your civilian life through employment and financial difficulties.

Q: What Are the Types of Courts-Martial?

A: There are three types of courts-martial, including:

• Summary: The least formal, a summary court-martial is reserved for minor offenses. It is presided over by a single officer, and the punishments are not severe.
• Special: This is an intermediate-level court-martial, and consists of a military judge and a panel of military personnel.
• General: The most severe of the three is a general court-martial. It includes a military judge and panel of military personnel and the punishments are usually severe.

Q: Who Can be Court-Martialed?

A: Any person who is a member of the United States Armed Forces and subject to the UCMJ can be court-martialed, including active-duty personnel, reservists on active duty, and most National Guard members. Retirees or civilians under martial law can be court-martialed if they are involved in serious offenses such as threatening national security or public order.

Q: Can You Appeal a Court-Martial Decision?

A: Yes, you can appeal a court-martial decision. In a summary court-martial, you can appeal to the next higher level of command within five days of receiving your sentence. In a special and general court-martial, it goes to a military court of appeals.

Are You Looking for a Military Defense Attorney?

Need a strong defense against military charges? Contact Aaron Meyer Law today. Our firm’s knowledge of military law and court-martial procedures can help build a strong defense to protect your rights and secure your future.