What is a court-martial? Courts-marital are adversarial proceedings, That is, lawyers representing the government and the accused present facts and arguments most favorable to each side. In doing so, they follow the rules of procedure and evidence. The judge decides questions of law. The court-martial members apply the law and decide questions of fact.
At a court-martial, a trial counsel represents the government, and a defense counsel represents the acccused. Each counsel is duty-bound to do everything possible within the law to represent the interests of their client.
Types of Courts-Martial
The court-marital system consists of three types of courts-martial: summary court-marital, a special court-martial, and a general court-martial.
Summary Court-Martial
A summary court-martial (SCM) is a court composed of one officer who may or many not be a lawyer. The SCM handles minor crimes of enlisted Soldiers only, an has simple procedures. The maximum punishment, which depends on the rank of the accused, is limited to confinement for one month (for E4s and below), forfeiture of two-thirds pay for one month, and reduction in grade. A SCM may not try an accused against his will. If the accused objects, the commander may consider trial by a higher court-martial. The accused does not have the right to a military counsel to represent them at a SCM, although they do have the right to meet with a defense attorney before the court-martial.
Special Court-Martial
A special court-martial (SPCM) can try all Soldiers and consists of a military judge, at least three court members (unless the accused decides to be tried by a military judge alone), a trial counsel, and a defense counsel. The maximum sentence is a bad conduct discharge (BCD), confinement for twelve months, forfeiture of two-thirds pay per month for twelve months, and reduction to the lowest enlisted grade. If a BCD is adjudged, the accused has a right to an automatic appeal to the Army Court of Criminal Appeals.
General Court-Martial
A general court-martial (GCM) tries cases over all Soldiers for the most serious offenses. It consists of a military judge, at least five panel (jury) members (unless the accused elects to be tried by military judge alone), a trial counsel, and a defense counsel. Unless waived by the accused, a formal investigation (an Article 32 investigation) must occur before a general court-martial may try the case. The GCM may adjudge the most severe sentences authorized by law, including the death penalty.
The court-marital process is a serious proceeding which carries with it lifelong consequences, including the possibility of a federal conviction and the collateral damages that result. Contact us if you are facing any level of court-martial, we are here to help.