Court-martial

Court-martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.

Overview

In addition to its legal function, a court-martial also serves to enforce military discipline, in contrast to a civilian court, which is a civil society institution. In time of war, a court-martial also may serve a disciplinary function in the sense of helping to maintain order and normal operations.

Types of Court-Martial

There are three types of courts-martial—summary, special, and general. A summary court-martial is composed of one officer who, depending upon service branch and the grade of the accused, must be a captain or higher grade. A special court-martial is composed of not less than three members and a military judge, or an accused may be tried by military judge alone on their request. A general court-martial is composed of not less than five members and a military judge, or an accused may be tried by military judge alone on their request.

Jurisdiction

The court-martial has the authority to try a wide range of military offenses, many of which are not criminalized in civilian law. The court-martial also has jurisdiction over all persons — whether military or civilian — who are accused of offenses under the Uniform Code of Military Justice (UCMJ).

Appeals

If the court-martial conviction is approved, the accused may appeal to the Court of Criminal Appeals for their respective service branch, and then to the Court of Appeals for the Armed Forces (CAAF). If the CAAF affirms the conviction, the accused may appeal to the United States Supreme Court.

See Also

• Military law
• Uniform Code of Military Justice
• Court of Appeals for the Armed Forces

Court-martial Resources
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