Under the Uniform Code of Military Justice (UCMJ), there are provisions for three different types of courts-martial: summary, special, and general. All are legal proceedings for members of the military, similar to civilian court trials, and each type has a different make up and handles different types and severity of crimes and punishments.
If you are a military member facing a court-martial, you are entitled to be defended by a court-martial defense lawyer who can advise you on your rights, file motions on your behalf and defend you at trial.
If a military defense lawyer has also been appointed, that lawyer will remain on the case as co-counsel.
What Are the Three Types of Courts-Martial?
Of the three types of courts-martial, the summary is for administrative offenses that are the least serious; the special is similar to misdemeanor offenses; and the general is for the most severe charges and is similar to felony offenses in civilian court. The following is a breakdown of what is involved with each type:
Summary Court-Martial
A summary court-martial is for enlisted personnel facing less serious offenses. These are enhanced administrative hearings and will not result in a federal criminal conviction.
It will consist of one commissioned officer who will hear the case and serve as a judge and the jury. The accused individual will have the right to call and cross-examine witnesses, produce evidence and testify or choose to remain silent.
A military defense lawyer will not be provided for free, but the accused is allowed to hire a private attorney for their representation.
Punishment for a Summary Court-Martial Conviction
If the commissioned officer determines that the accused is guilty, the punishments, under the Manual for Courts-Martial, may include up to one month of confinement or hard labor, forfeiture of pay and/or reduction in rank.
Special Court-Martial
A special court-martial may try all military personnel subject to the UCMJ, including enlisted members, officers and midshipmen for offenses similar to misdemeanors.
Special courts-martial are heard by a panel of at least three members and a military judge or a military judge alone if requested by the accused. Enlisted members may request that the panel contain at least one-third enlisted personnel.
A free military defense lawyer will be provided for the accused, but they still retain the right to hire their own lawyer to serve as co-counsel.
Punishment for a Special Court-Martial Conviction
If found guilty, punishments may include:
- Bad conduct discharge.
- Confinement of up to one year.
- Hard labor without confinement for up to three months.
- Forfeiture of up to two-thirds monthly pay for up to one year.
- Reduction to lowest enlisted pay grade for enlisted members.
Officers found guilty in a special court-martial cannot be reduced in rank or discharged in a special court-martial.
General Court-Martial
A general court-martial is to try all personnel subject to the UCMJ, including enlisted members, officers, and midshipmen for serious offenses that would be considered a felony in a civilian trial, and punishments are the most severe.
General courts-martial are overseen by a panel of no less than five members and a military judge or a military judge alone if requested by the accused. Just as with Special Courts-Martial, enlisted members may request that the panel contain at least one-third enlisted personnel.
Additionally, the accused will be provided with a free military defense attorney and will retain the right to hire their own civilian lawyer.
Punishment for a General Court-Martial Conviction
If found guilty, punishments may include:
- Death when specifically authorized.
- Federal criminal conviction.
- Confinement in military prison.
- Punitive discharge, including Dishonorable Discharge, Bad Conduct Discharge, or Dismissal for officers.
A conviction will also bring consequences that will negatively impact the individual’s life, even after serving a sentence or being discharged back into civilian life. These may include negative effects on employment, education and housing opportunities, as well as a negative effect on your relationships and personal and family life.
It may be in your best interest to consult with a military defense lawyer to ensure you have the best defense available. I offer free initial consultations and am available to discuss the circumstances of your charges.
