- "A court-martial or court martial is a military court or a trial conducted in such a court."
Trials for military personnel accused of violating military law. They have their own set of rules and procedures.
Overview of Military Justice System: Understanding the military justice system and how it operates is the first and foremost topic that needs to be studied when starting to learn about Courts-Martial or military law.
Types of Courts-Martial: There are three types of Courts-Martial- Summary, Special, and General- and it is vital to understand their differences and the situations in which they are used.
Jurisdiction: Military courts-martial have jurisdiction over military personnel for any offense that violates the Uniform Code of Military Justice (UCMJ).
UCMJ: Understanding and learning the UCMJ provisions that apply to a particular case are significant to building a solid legal case in military courts-martial.
Rights of the Accused: Military personnel charged with an offense have some rights, such as the right to counsel, and understanding these rights are necessary to prepare an appropriate defense.
Pretrial Procedure: Pretrial procedures contain probable cause determinations, arraignment hearings, and pretrial hearings. Having a grasp of pretrial procedures is essential to understanding the legal process leading up to a trial.
Evidence: Understanding the rules of admissibility of evidence in military courts-martial is significant to the proper presentation and reception of evidence during trial.
Trial Procedure: Familiarizing oneself with the military trial procedure helps in understanding how the Court-Martial process works.
Sentencing: Learning about the different types of sentencing a Court-Martial can give can help in building a defense case and during plea bargaining.
Appeals: The right of appeal is available to any individual convicted at trial through the military appellate process. Knowing the appeal process can help in determining how to proceed after a verdict.
General Court-Martial: This is the highest level of courts-martial and hears the most serious offenses. The court is composed of a military judge, panel of members, and a prosecutor. Sentences could include death, imprisonment, dishonorable discharge, and reduction in rank.
Special Court-Martial: This is a mid-level court-martial, and is generally used for less serious offenses. The court is composed of a military judge, a minimum of three members, and a prosecutor. Sentences could include up to one year of confinement, forfeiture of pay, and a bad conduct discharge.
Summary Court-Martial: This is the lowest level of courts-martial and is used for minor offenses. The court is presided over by a single officer and a prosecutor may or may not be present. Sentences could include up to 30 days of confinement, reduction in rank, and forfeiture of pay.
Non-Judicial Punishment (NJP): Often referred to as "Article 15" punishment, NJP is distinct from courts-martial. It is an administrative proceeding rather than a judicial proceeding. NJP is used for minor offenses and is authorized under Article 15 of the Uniform Code of Military Justice (UCMJ). The commanding officer, rather than a judge or panel of members, decides guilt and imposes punishment.
Court of Inquiry: This type of court-martial is appointed to investigate events that do not necessarily involve criminal activity.
Clemency and Parole: These are not courts-martial, but rather appeals to a higher authority for relief from punishment. Clemency refers to the power of the President of the United States to reduce a sentence or grant a pardon. Parole refers to the authority of military officials to release an individual from confinement prior to the expiration of their sentence.
- "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."
- "In addition, courts-martial may be used to try prisoners of war for war crimes."
- "The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces."
- "Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants."
- "Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record."
- "Most military forces maintain a judicial system that tries defendants for breaches of military discipline."
- "Some countries like France have no courts-martial in times of peace and use civilian courts instead." (Note: I have adapted the questions slightly for clarity and ease of answering. The provided quotes are direct excerpts from the passage.)