Legal Definitions - court-martial

A court-martial is a formal legal proceeding conducted by the military to try members of the armed forces who are accused of violating military law. It serves a similar function to a civilian court but operates under its own distinct set of laws and procedures, primarily the Uniform Code of Military Justice (UCMJ).

Unlike civilian courts, a court-martial has a very specific and limited authority. It can only try individuals who are active members of the military for offenses that fall under military law. This ensures that military discipline and order are maintained within the armed forces.

There are three main types of courts-martial, each designed to handle different levels of offense severity:

• General Court-Martial: This is the most serious type, often compared to a felony trial in the civilian system. It can try any offense punishable under the UCMJ and can impose the most severe penalties, including dishonorable discharge, lengthy imprisonment, or even the death penalty. These proceedings typically involve a military judge and a panel of at least five military members who act as a jury.
• Special Court-Martial: This type handles offenses of intermediate severity, comparable to a misdemeanor or less serious felony. It can impose punishments such as confinement for up to six months, forfeiture of pay, or a bad-conduct discharge. A special court-martial usually consists of a military judge and at least three military members.
• Summary Court-Martial: This is the least formal and most minor type of court-martial, designed for minor disciplinary infractions. It is presided over by a single commissioned officer and can impose limited punishments, such as confinement for up to one month or forfeiture of pay. Officers, cadets, and midshipmen cannot be tried by a summary court-martial. Legal counsel is often not involved in these proceedings.

For general and special courts-martial, the accused has the right to legal representation. This can be a civilian attorney hired by the accused, or a military defense counsel provided by the armed forces. Military defense counsel are licensed attorneys with specialized training in military law.

Examples of Court-Martial Application:

• Serious Offense (General Court-Martial): A military intelligence officer is accused of intentionally sharing classified operational plans with an unauthorized foreign entity, a severe breach of national security. This offense is extremely serious, impacting national security and military readiness. Such a grave accusation would necessitate the highest level of military judicial proceeding, a General Court-Martial, which has the authority to impose severe penalties like life imprisonment or even the death penalty, reflecting the gravity of the alleged crime against military law and national security.

• Intermediate Offense (Special Court-Martial): A Marine corporal is charged with repeated unauthorized absences from duty (AWOL) over several weeks, disrupting unit operations but not involving direct combat dereliction. While serious enough to warrant formal legal action, repeated unauthorized absence, in this context, might not rise to the level of a capital offense or one demanding the most extreme penalties. A Special Court-Martial would be appropriate here, as it can impose significant punishments like several months of confinement or a bad-conduct discharge, reflecting the impact on military discipline and readiness without requiring the full scope of a General Court-Martial.

• Minor Offense (Summary Court-Martial): An enlisted sailor is found to have repeatedly failed to maintain their assigned equipment to standard cleanliness and operational readiness, despite prior warnings. This involves a minor but persistent breach of military regulations concerning duty performance and equipment maintenance. It's a disciplinary issue rather than a major crime. A Summary Court-Martial would be suitable for this situation, allowing for a swift resolution and minor penalties like a short period of confinement or forfeiture of pay, reinforcing discipline without the extensive process of a higher-level court-martial.