Many of us a vague idea of what a court martial is. We've seen them in television drama and even major motion pictures. But there's a lot more to them than what we see on TV or at the movies.
What They Are and Where They Came From
Article I, section 8 of the US Constitution gives the US Congress many powers over the US military. Under this power, Congress wrote the Uniform Code of Military Justice (UCMJ). It contains the US military criminal laws.
The UCMJ is put into action through the Manual for Courts-Martial (MCM). It covers practically everything in US military law. In the UCMJ and MCM, a military criminal trial court is called a "court-martial."
Who and What's Covered
The UCMJ covers members of the US armed forces across the globe. People who may be court-martialed include active military personnel, as well as certain other people, such as:
- Students or "cadets" in the US military academies
- Paid military retirees
- Military retirees hospitalized in military facilities
- Military personnel serving criminal sentences after being court-martialed
- Enemy prisoners of war in custody of the US military
Military crimes or "offenses" are listed in the UCMJ. Some of them are a lot like civilian (non-military) criminal laws, such as murder and rape. Others are strictly military crimes, like insubordinate conduct (disobeying orders).
Courts-Martial Types
Unlike civilian courts, courts-martial aren't always "in session." Rather, they're created or "convened" each time a crime is committed. Generally, the accused's commanding officer investigates the matter. If there's enough evidence of the crime, she convenes a court-martial.
There are three courts-martial types:
Summary Court-Martial
This is for minor offenses. It's made up of one commissioned officer, and the accused typically isn't given a military attorney. He may, however, hire a civilian attorney at his own expense. If convicted, his sentence or punishment may include 30 days' imprisonment, loss of 30 days' pay, or restrictions on where and when he may travel.
The accused must agree to being tried by a summary court-martial. If he doesn't, the matter usually is turned over to a special or general court-martial.
Special Court-Martial
This court-martial prosecutes crimes similar to civilian misdemeanors, such as petty theft. It's made up of military judge, three service members, or both. The accused has the right to an appointed military attorney, she may choose her own military attorney, or she may hire a civilian attorney at her own expense.
The maximum punishment allowed is imprisonment for one year, hard labor for three months with no imprisonment, forfeiture of two-thirds' pay per month for up to one year, a reduction in pay grade, or a bad-conduct discharge.
General Court-Martial
This is the highest military criminal court. It's typically used only for the most serious offenses, akin to civilian felonies, like rape and murder. It's also for serious military offenses, like mutiny. It's made up of a military judge alone, or five service members and a military judge. The accused has the right to an appointed military attorney, she may choose her own military attorney, or she may hire a civilian attorney at her own expense.
Like in civilian criminal courts, service members charged with crimes have certain basic due process rights. These include the right to face and question her accusers, the right to fair and speedy trial, and the right to testify (or not) on her own behalf.