What Are the Three Types of Court-Martial Cases?

For members of the US military, being the subject of court martial proceedings is a matter of seriousness that needs to be treated with the proper knowledge of what the three types of court-martial cases are: summary, special, and general. Each type bears its own weight in terms of the severity of offenses and penalties.

Summary Court Martial

A summary court-martial is the mildest type of court-martial and is usually used for lighter crimes committed by enlisted soldiers. In this type of court-martial, a single commissioned officer serves as judge and jury. Although its scope is somewhat limited, soldiers must still take it seriously, as the punishment can have consequences for their military careers.

Summary court-martials are specifically for those who are enlisted in the military at the time of the offense. The offense typically does not require additional extensive procedures. The person being accused does not automatically receive legal counsel, but they do maintain certain rights, such as the right to remain silent.

Less serious than those of the other types of court-martial, the sentences can include up to a month in confinement, labor, rank demotion, and loss of pay.

Special Court Martial

A special court-martial hears more serious charges than a summary court-martial. It’s the military version of a felony court. For lesser crimes, enlisted men and officers alike may undergo a special court-martial. Those in the military may go through these if their offense is serious enough to merit more severe punishment than a short court martial.

A jury of men higher than the charged officer hears the case. The prosecution can ask for one-third of the jury to be enlisted individuals. Free legal advice from a detailed military attorney is also available, though you can also consult with a private lawyer. Penalties for those found guilty in special court-martial proceedings are typically more severe than summary court-martial offenses, but there are still limits.

For instance, a person’s confinement may not exceed a certain amount of time, they may not receive capital punishment, and they cannot receive a dishonorable discharge based on this offense alone. However, penalties can include confinement, a percentage of pay forfeiture for a period of time, and hard labor.

General Court Martial

The general court-martial is the toughest military trial and is comparable to a felony court in civilian justice. It prosecutes the most serious violations of the Uniform Code of Military Justice (UCMJ). Any individual subject to the UCMJ, including enlisted members and officers, can face a general court-martial.

The person who is accused may choose between a trial by jury or a judge only. They may also request that one-third of the jury consists of enlisted members if the accused is an enlisted member as well. While free legal assistance may be available, in these cases, many accused personnel seek their own private legal defense.

Those found guilty of crimes in this category are subject to some of the harshest penalties, including life in prison, dishonorable discharge, and even the death penalty in the most severe cases. The penalties typically reflect the severity of the crime.

Court Martial Examples

While each crime is different and unique, depending on the circumstances of the case, there are general examples that can help you understand how offenses may be classified. Examples of summary court-martial include:

• Intoxicated while on duty. This happens when a service member is found drunk while performing job duties, which are usually less serious.
• Unauthorized absence. This occurs when a service member is absent without proper authorization from their station.
• Refusal to obey a direct order. These orders are typically not critical, but they still come with penalties.

Special court-martials are more serious offenses. Some potential examples of these include:

• Getting in a physical altercation with another service member.
• Stealing property valued below a certain threshold.
• Having an improper relationship with a fellow member.
• Minor drug offenses.

General court-martials are the most serious offenses. Some potential examples of these include:

• Committing sexual assault.
• Murder or manslaughter of another individual.
• Intentionally setting fire to property, also known as arson.
• Trafficking large amounts of illicit drugs.
• Sharing private information with enemy forces, also known as treason.
• Abandoning one’s military responsibilities with no plans to return, especially during times of war.

FAQs

Q: What Are the Three Types of Court-Martial?

A: There are three categories of court-martial: summary, special, and general. Acute court-martials deal with minor crimes that carry lesser penalties. Special court-martials refer to low-level offenses that resemble misdemeanors. General court-martials are for the most serious offenses, like felonies, and can carry the strictest punishment, including life imprisonment or death.

Q: What Is the Lowest Court-Martial?

A: The lowest form of court-martial is the summary court-martial. It was constructed for minor offenses by enlisted soldiers and features a single commissioned officer as judge and jury. These typically carry the least severe offenses. Punishments are generally less severe than other court-martials, but may nonetheless include imprisonment, rank reduction, and loss of pay.

Q: What Is the Difference Between Preferral and Referral of Charges?

A: Preferral of charges is the process whereby an accuser certifies the truth of charges against military personnel under the Uniform Code of Military Justice (UCMJ). A referral of charges occurs when a requesting authority reviews the charges and forwards them to the appropriate level of court-martial for trial. An experienced lawyer can help you better understand the difference.

Q: What Is the Maximum Sentence for a Special Court-Martial?

A: A special court-martial can punish up to one year’s imprisonment, involuntary hard work for up to three months without confinement, the loss of two-thirds of pay for a year, and reduction to the lowest rank. It cannot contain dishonorable discharge, dismissal, or the death penalty. While punishments can be severe, they must still be within certain limits.

Contact Aaron Meyer Law

If you or a loved one are being court-martialed, it could cost you your military career and your life. At Aaron Meyer Law, our experienced attorneys strive to provide the skilled representation you need to defend your rights and achieve the greatest possible result. Contact us today to speak with a representative and get started.