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are three levels of Court-Martial available to a command to utilize
for disciplinary action, a Summary Court-Martial, a Special Court-Martial
and a General Court-Martial. The distinction between the levels
of Court-Martial is in many respects a function of the jurisdictional
limits of punishment that can be imposed by the Court.
In a Summary Court-Martial, the maximum punishment that may be
imposed depends upon the rank of the accused. For an enlisted accused
in the payrade of E-5 and above, the accused may be reduced one
pay-grade, be restricted for a period of 60 days, and face a forfeiture
of two-thirds of basic pay for one month. For an accused in the
rank of E-4 and below, the accused may be sentenced to confinement
for up to 30 days, hard labor without confinement for a period of
45 days, restriction for a period of 60 days, reduction to the paygrade
of E-1 and forfeiture of two-thirds of basic pay for one month.
An accused has an absolute right to refuse trial by Summary Court–Martial.
Generally speaking, only relatively minor offenses are taken to
Summary Court–Martial. A benefit to the accused to accept
the Summary Court-Martial is that this Court has no power to adjudge
a punitive discharge in any case and is not considered a federal
conviction, unless the accused is represented by an attorney at
the Summary Court-Martial. Although the Summary Court-Martial Officer
that is appointed to hear the case may have absolutely no prior
legal experience or training, he is tasked with responsibilities
to perform a multi-functional role, that of the judge, the prosecutor
and the defense counsel. A Summary Court-Martial is a Court of Law
and as such, the rules of evidence and procedures that are applicable
to Special and General Court-Martials are equally applicable at
a Summary Court-Marital. This can make for a rather difficult situation,
since the Summary Court-Marital Officer may have no legal experience
whatsoever, but he is in effect considered as a judicial officer
for purposes of the trial and is obligated to comply with the applicable
procedural rules, as well as the Military Rules of Evidence.
A Special Court-Martial is the mid-level proceeding that is the
most frequently utilized forum for a Court-Martial. The maximum
punishment that can be imposed is set by the jurisdictional limitations
of the Court, which is a Bad Conduct Discharge, confinement for
up to twelve months, reduction in paygrade to E-1 (enlisted members
only) and forfeiture of 2/3 base pay per month for a period of twelve
months and/or an equivalent fine. This Court is presided over by
a certified military judge and the accused can elect to be tried
by officer members or enlisted members, as well as by military judge
alone. A minimum of three Court members (jurors) are required for
a trial by Special Court-Martial and if enlisted members are requested,
at least one-third of the members must be enlisted who are senior
to the accused and not from his immediate command. It takes a two-thirds
vote to convict and if the accused is convicted, the members will
also then determine the sentence, with a two-thirds vote required
to agree on a sentence. The members of this Court have no power
to direct, or even recommended on the record that any part of the
sentence be suspended. A conviction by this Court is considered
a federal conviction and remains on the person’s criminal
record for life. Any offense that is cognizable under the Uniform
Code of Military Justice may be sent to trial by Special Court-Martial,
however it is not very likely that extremely serious offenses will
be heard in this Court due to the jurisdictional limitations on
punishment that are set by law. There is no right to a preliminary
hearing of any nature in this Court, although charges that are investigated
at an Article 32 Investigation may end up being heard at this level
of Court after the Article 32.
A General Court-Martial is the most serious criminal proceeding
that can be brought against an accused in the military. A General
Court-Martial can only be convened after the charges are first investigated
at an Article 32 Investigation, unless the right to an Article 32
Investigation is specifically waived by the accused. Under the Uniform
Code of Military Justice, as implemented by the Rules for Court-Martial,
most criminal offenses that are designated under the UCMJ have a
maximum punishment listed that may be imposed and the Court has
the power to sentence the accused to any sentence from No Punishment
to that maximum punishment set forth in the UCMJ and Rules for Court-Martial.
As with a Special Court-Martial, this Court is presided over by
a certified military judge and the accused can elect to be tried
by officer members or enlisted members, as well as by military judge
alone. A minimum of five Court members (jurors) are required for
a trial by General Court-Martial and if enlisted members are requested,
at least one-third of the members must be enlisted who are senior
to the accused and not from his immediate command. It takes a two-thirds
vote to convict and if the accused is convicted, the members will
also then determine the sentence, with a two-thirds vote required
to agree on a sentence. A sentence in excess of ten years requires
a three-quarter vote. A death sentence can be imposed in a capital
case, however that requires a unanimous vote of all members. Again,
as with a Special Court-Martial, members of this Court have no power
to direct, or even recommended on the record that any part of the
sentence be suspended. A conviction by this Court is considered
a federal conviction and remains on the person’s criminal
record for life.
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