The three types of court-martial are Summary, Special, and General, each differing significantly in their procedures, the rights afforded to the accused, and the potential severity of punishments that can be adjudged.
Understanding the Types of Court-Martial
When a commander considers prosecuting a service member under the Uniform Code of Military Justice (UCMJ), they can choose from these three distinct levels of court-martial. This choice is based on the nature and severity of the alleged offense, as well as the desired legal process and potential penalties.
Here's a breakdown of each type:
| Court-Martial Type | Key Characteristics | Procedures & Rights | Maximum Punishments |
|---|---|---|---|
| 1. Summary Court-Martial | Least formal and least severe. Designed for minor offenses. | Conducted by a single commissioned officer. The accused has limited rights, typically no military judge or defense counsel (though the right to counsel may be requested). | Confinement for up to 30 days (for enlisted personnel E-4 and below), forfeiture of pay for up to two-thirds of one month's pay for one month, reduction in rank, or restriction. Officers cannot be tried by summary court-martial. |
| 2. Special Court-Martial | Intermediate level. Handles offenses of moderate severity. | Consists of a military judge, and typically at least three members (similar to a jury), or just a judge if requested by the accused. The accused has the right to a detailed military defense counsel. | Confinement for up to one year, forfeiture of two-thirds pay per month for up to one year, reduction in rank, bad-conduct discharge (for enlisted personnel), and punitive censure. |
| 3. General Court-Martial | Most formal and most severe. Reserved for serious offenses, including felonies and capital crimes. | Consists of a military judge and at least five members (or just a judge if requested). The accused is afforded full due process rights, including detailed military defense counsel and the ability to challenge evidence and witnesses. | Can adjudge any punishment not prohibited by the UCMJ, including lengthy confinement, dishonorable discharge, dismissal (for officers), forfeiture of all pay and allowances, and even the death penalty for certain offenses. |
These courts-martial differ significantly in the procedures, rights, and possible punishment that can be adjudged, providing commanders with a range of options to address misconduct within the military justice system. For more detailed information, you can refer to resources like the Military Justice Overview.
