At Military Defender, we represent service members across all branches of the U.S. Armed Forces who are facing court-martial charges or investigations under the Uniform Code of Military Justice (UCMJ). A court-martial is one of the most serious legal challenges a service member can encounter, often carrying consequences that extend far beyond military service. Many service members are unprepared for…
Facing a court-martial is one of the most serious legal challenges a service member can experience. Unlike civilian criminal proceedings, court-martial cases operate under the Uniform Code of Military Justice (UCMJ) and carry consequences that extend far beyond the courtroom. A conviction can result in confinement, loss of rank, punitive discharge, and permanent damage to future civilian opportunities. At MilitaryDefender,…
What is the summary court-martial? In general, the summary court-martial is the least serious of the three types of court-martial. It involves the least serious offenses and the least detailed and intense procedures of the three. In most cases, a commanding officer or higher possesses the authority to order a summary court-martial. Even though it is the least serious of…
What is a general court-martial? The general court-martial is the procedure for adjudicating high-level military crimes. As noted above, it is the most serious of the three types of courts-martial and it involves serious and capital crimes akin to felonies in the civilian criminal justice system. A general court-martial can be called by the General Courts-Martial Convening Authority. The Convening…
Summary court martial A summary court martial is the lowest of the three categories, meant for minor offences and is usually brief. These hearings are presided over by one commissioned officer, with a rank of captain or higher. No judge, no jury. The accused has few rights in these hearings, but the punishments are relatively mild. You don’t get a…
Dishonorable discharge This is the military equivalent of a civilian felony, and these consequences carry over into civilian life. The ramifications include difficulty finding employment and difficultly applying for loans. Federal criminal record Convictions at a court-martial will also appear on your federal criminal record, including military-specific crimes such as AWOL and failure to report. Such convictions can affect your…
What is a special court-martial? Of the three types of courts-martial, the special court-martial is in the middle of the special and general courts-martial in terms of seriousness of charges and complications of the procedures. Although it’s not an exact correlation, a special court-martial is most like a serious misdemeanor in the civilian criminal justice system. A military judge presides…
What type of court-martial will you face? The Uniform Code of Military Justice has three types of courts-martial. These separate proceedings range in severity depending on the nature of the offense that led to the court-martial. Those three types include the following: Summary court-martial: The summary court-martial involves relatively minor offenses and is the least severe of the courts-martial. One commissioned…
Influencing the character of your discharge Although the article seems to be citing these instances as a failure on the part of the military to properly punish racist and extremist activity, there are other important implications. If you have been charged with extremist activity, the administrative discharge could be a much more favorable approach for you than a court martial.…
Three primary differences Courts-martial differ from civilian criminal trials in that: Courts martial are more efficient: Expediting justice and coming to efficient resolution are among the most important goals in courts-martial. Therefore, the entire proceeding in a court-martial can take as little as a few days in some cases. There are only three types of courts martial: While civilian trials…