Simple English definitions for legal terms
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A court-martial is a type of trial for members of the military who break military laws. There are three types of courts-martial: general, special, and summary. The type of court-martial depends on the seriousness of the offense. General courts-martial have the most serious punishments, including life imprisonment or death. Special courts-martial have less serious punishments, and summary courts-martial have the least serious punishments. The accused has the right to be represented by a lawyer, either a civilian or military lawyer.
A court-martial is a legal proceeding where members of the military are tried for breaking military laws. There are three types of courts-martial: general, special, and summary. The jurisdiction of the court-martial depends on the seriousness of the offense and the allowable penalty under the Uniform Code of Military Justice (UCMJ).
Courts-martial have a limited jurisdiction and can only try members of the armed forces. There are three prerequisites for jurisdiction to vest: jurisdiction over the offense, personal jurisdiction over the accused, and a properly convened and composed court-martial. The UCMJ and the Rules for Courts-Martial specify who may convene a court-martial.
The accused has the right to be represented by counsel before a general or special court-martial. They can choose to be represented by civilian counsel or military counsel if reasonably available. All military defense counsel are licensed attorneys who have received specialized training in military law.
An example of a court-martial is when a soldier is tried for desertion. If found guilty, they could face a dishonorable discharge or even imprisonment. The type of court-martial would depend on the seriousness of the offense and the allowable penalty under the UCMJ.