Court martial - sustany/dvg GitHub Wiki

A court-martial is a legal proceeding where courts try a member of the military for�offenses�against�military law.�Courts-martial are governed by the provisions of the�Uniform Code of Military Justice�(UCMJ), except as otherwise provided by�statute.�Prosecution�of a general or special court-martial is in the name of the state. The three types of courts-martial are general courts-martial, special courts-martial, and summary courts-martial.�Jurisdiction�arises with the seriousness of the allowable�penalty�of UCMJ.

Jurisdiction:

A court-martial is a court of special and limited jurisdiction.�The United States Supreme Court�has held that courts-martial have no jurisdiction to try those who are not members of the�armed forces, no matter how intimate the connection between their offense and the concerns of military discipline. There are three general prerequisites that must be met for courts-martial jurisdiction to vest (1) jurisdiction over the�offense, (2)�personal jurisdiction�over the�accused, and (3) a properly convened and composed court-martial. UCMJ and the Rules for Courts-Martial specify who may convene a court-martial.

General Courts-Martial:

General courts-martial have jurisdiction to try persons subject to the UCMJ for any offense made punishable by the Code. General Courts-Martial consist of a military judge and no fewer than five members (jurors), or only a military judge if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed of only a military judge and that judge approves. General courts-martial can adjudge punishment ranging from a dishonorable discharge to life imprisonment or death by lethal injection.

Special Courts-Martial:

Special courts-martial have jurisdiction to try persons subject to the UCMJ for any�noncapital offense�made punishable by the Code and, under such regulations as the President may prescribe, for�capital offenses. Special courts-martial, consisting of no fewer than three members, or a military judge and no fewer than three members, or only a military judge, if one has been detailed to the court, and the accused under the same conditions as those for general courts-martial so requests.� Special courts-martial can adjudge�incarceration�up to six months.

Summary Courts-Martial:

Summary courts-martial have jurisdiction to try persons subject to the UCMJ, except officers,�cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by the Code. Summary Courts-Martial consist of one commissioned officer. Summary courts-martial may not adjudge the more serious punishments, being limited to the imposition of no more than one month's confinement, and counsel is seldom involved.

Counsels:

The accused has the right to be represented in his or her defense before a general or special court-martial by civilian�counsel�if provided by the accused, or by military counsel of his or her own selection if reasonably available, as well as by the�military�defense counsel detailed under�Article 27. All military defense counsel are licensed attorneys who have received specialized training in military law.

See e.g.;�Hamdan v. Rumsfeld, 548 U.S. 557 (2006)