Can officers go to special court-martial?
A special court martial is often characterized as a misdemeanor court, and may try anyone subject to the UCMJ, including enlisted members, officers and midshipmen.
What are three types of court-martial?
The commander may chose from three potential levels of court-martial: summary, special, or general court-martial. These courts-martial differ in the procedures, rights, and possible punishment that can be adjudged. A summary court-martial is designed to dispose of minor offenses.
What are the 5 types of court-martial?
Types of Military Court-Martial
- Summary Court-Martial. Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct.
- Special Court-Martial.
- General Court-Martial.
- Joint Jurisdiction.
Who presides over a court-martial?
military judge
A military judge presides over special courts-martial; a defense attorney is assigned to the accused under certain circumstances; and a trial attorney is assigned to the prosecution. A panel of three service members decides the facts of the case unless the accused specifically requests a judge to do so.
Can a military officer be tried in a general court martial?
Officers may not be tried by summary court-martial. The enlisted accused must consent to be tried by summary court-martial, and if consent is not provided then the command may dispose of the allegation through other means, including directing that the case be tried before a special or general court-martial.
Can a person be represented in a summary court martial?
An accused before a summary court-martial is not entitled to receive legal representation from military defense counsel. However, while not required by law, some services, such as the United States Air Force, provide the accused at a trial by summary court-martial free military counsel as a matter of policy.
Why are there courts martial in the United States?
Courts-martial of the United States. Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military’s criminal code.
Who was the last general to go to court martial?
In 1999, Maj. Gen. David R.E. Hale pleaded guilty at court-martial after he was accused of committing adultery with the wives of four subordinates. Before that, no Army general had faced court-martial since 1952, when Maj. Gen. Robert W. Grow, a military attache in Moscow, was suspended and reprimanded on charges of dereliction of duty.
