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COURTS MARTIAL
of a state or federal law or a charge under the UCMJ. There are significant differences in how these cases are handled these include distinct differences ranging from what is considered a violation to the way the case is prosecuted to the severity of the punishment There are three different classifications of courts-martial with the Uniform Code of Military Justice (UCMJ). 1. Summary Court-Martial 2. Special Court-Martial 3. General Court-Martial
burden of proof in a civilian criminal court the accused must be proven guilty beyond a reasonable doubt. While there are three classifications only 2 allow the accused to be represented by a lawyer. Summary Court-Martial A summary court-martial consists of one commissioned officer, and may try only enlisted personnel for non-capital offenses. The degree of punishment imposed depends on the grade of the accused. For enlisted members above the fourth pay grade, a summary court-martial may impose punishments not forbidden by the law except death, dismissal, dishonorable or bad conduct discharge, confinement for more than 1 month, hard labor without confinement for more than 45 days, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of 1 month’s pay. In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month and may reduce the accused to the lowest pay grade, E-1. The accused has the absolute right to refuse trial by summary court-martial. The accused does not have the right to be represented by an attorney. The accused does have the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent. If you or a family member is facing a special or general court-martial visit our Military Attorneys Directory and contact an experienced attorney in your area. Learn more about special court-martial and general court-martial. |
