|
Trial by summary court-martial provides a simplified
procedure for the resolution of charges involving minor incidents of
misconduct. The summary court-martial consists of one officer who,
depending upon Service policies and practice, is a judge advocate (a
military attorney). The maximum punishment a summary court-martial
may impose is considerably less than a special or general court-martial.
The accused must consent to be tried by a summary court-martial.
A special court-martial is the intermediate
court level. It consists of a military judge, trial counsel (prosecutor),
defense counsel, and a minimum of three officers sitting as a panel
of court members or jury. An enlisted accused may request a court composed
of at least one-third enlisted personnel. An accused, officer or enlisted,
may also request trial by judge alone. Regardless of the offenses involved,
a special court-martial sentence is limited to no more than six months
confinement (or a lesser amount if the offenses have a lower maximum),
forfeiture of two-third’s basic pay per month for six months,
a bad-conduct discharge (for enlisted personnel), and certain lesser
punishments. An officer accused in a special court-martial cannot be
dismissed from the service or confined.
A general court-martial is the most serious
level of military courts. It consists of a military judge, trial counsel,
defense counsel, and at least five court members. Again, an enlisted
accused may request a court composed of at least one-third enlisted
personnel. Unless the case is one in which the death sentence could
be adjudged, an officer or enlisted accused may also request trial
by judge alone. In a general court-martial, the maximum punishment
is that established for each offense under the Manual for Courts-Martial,
and may include death (for certain offenses), confinement, a dishonorable
or bad-conduct discharge for enlisted personnel, a dismissal for officers,
or a number of other lesser forms of punishment. A pretrial investigation
under Article 32, UCMJ, must be conducted before a case may be referred
to a general court-martial, unless waived by the accused.
|
