Court-martial is a military court that tries people who belong to a country’s armed forces and are accused of committing certain crimes. In the United States, these crimes are set forth in the Uniform Code of Military Justice. The crimes range from murder, robbery, and drug abuse to offenses specific to the military, such as absence without leave or disrespect to a superior officer. The code provides for three types of courts-martial: (1) general, (2) special, and (3) summary.
A general court-martial almost always consists of a military judge and a jury of at least five members of the military. Such a court may try a person for any crime in the Uniform Code. Usually, general courts-martial try only the most serious offenses, such as murder or spying. Punishments imposed by general courts-martial may include dishonorable discharge from the military and death.
A special court-martial almost always consists of a military judge and a jury of at least three members of the military. It may try any offense in the Uniform Code except those punishable by death. However, special courts-martial may not impose a punishment harsher than a bad-conduct discharge or one year in prison.
A summary court-martial consists of only one officer. It can try enlisted people, but not officers. Summary courts-martial usually try only minor offenses, such as short absences without leave. They may sentence the accused to no more than 30 days in prison and may not impose a discharge from the military.
In general and special courts-martial, defendants receive free counsel from defense attorneys who are also military officers. In addition, a defendant may hire a civilian lawyer. If a defendant is convicted by a general or special court-martial, the commanding officer who referred the case to the court reviews the court’s decision. The officer may then approve the conviction and the sentence or make them less severe. A court of criminal appeals examines all cases that result in a military discharge or in sentences harsher than a year or more in prison. Certain cases may also be reviewed by the U.S. Court of Appeals for the Armed Forces and the Supreme Court of the United States.
See also Court of Appeals for the Armed Forces, United States; Uniform Code of Military Justice.
