Understanding Court Martials and the UCMJ

Both military and civilian personnel have often heard the term “court martial.” Many people that are non-military have their own perception of what a court martial is, and most are aware that it is a form of military court. Just like there are several forms or levels of civilian court, the same applies to a Court Martial court.

A General Court Martial:

This is similar and often dubbed as a court for felony offences. Any individual that comes under the authority of the UCMJ can be tried in this court, no matter what rank or standing. Following the allowance of the UCMJ, any form of punishment, including execution, can be handed out by this Court. The panel consists of a military judge joined by five members. The accused has the option of choosing a trial by judge alone.

A Summary Court Martial:

Many would consider this a minor court. The court is preceded over by a commissioned officer and only has authority over offenses that are non-capital in nature and pertaining to enlisted personnel.

The restrictions on the punishment that can be imposed if an accused is found guilty depends on the accused’s grade. The summary court martial does not have the authority to impose the following sentences:

The order to forfeit more than two thirds of one month’s pay
Restrictions on limits specified in the punishment for longer than 2 months
No confinement, but hard labor for a maximum of 45 days
Confinement beyond one month
Dishonorable discharge or bad conduct discharge
Dismissal
Death
With the exception of the items listed above, the commissioned officer hearing the case has the authority to impose any penalty that is not prohibited by any law concerning members that are above the fourth grade pay level. In the case of any other enlisted members, the punishment can consist of no more than one month confinement. In addition, the authority is there to reduce the accused down to the minimum pay level, which is an E-1.

Any individual accused of a crime that comes under the authority of this Court can refuse a trial to be held at this level. For those that comply, they are not given the right to an attorney but can represent themselves. They can cross examine and call their own witnesses and produce whatever evidence they choose. Or they have the option to testify (or not) on their own behalf.

A Special Court Martial:

This is like an in-between court to a summary court martial and a general court martial. A military judge with three members rules the court. This court has the authority to try all individuals who come under the authority of the UCMJ. Its level of punishment are somewhat stiffer than a summary court martial but not as harsh as a general court martial.