The different branches of the military hold servicemembers to a higher standard of behavior than the average individual. Servicemembers can face career consequences after criminal charges in the civilian courts. They may also be at risk of numerous different penalties if they attend court-martial proceedings.
The military discipline system is vastly different from the standard criminal justice system. For example, instead of one basic criminal court system that hears all cases, there are three different types of court-martial that may apply in different circumstances.
The following are the three different types of court-martial that a servicemember might face when accused of violating the Uniform Code of Military Justice (UCMJ).
Summary courts-martial
Those accused of relatively minor offenses could face a summary court-martial. The process does not involve a formal trial with a judge and jury. Instead, a commissioned officer hears the details of the circumstances and determines what, if any, penalties to impose. The defendant and their lawyer can call witnesses and offer other evidence. The potential penalties could include up to a month of confinement, pay forfeiture and possibly a reduction in rank. Summary court-martial proceedings do not result in a federal conviction record.
Special courts-martial
When the alleged offense is more serious, a servicemember may face proceedings in a special court-martial. Typically, such situations involve offenses that are comparable to misdemeanors in civilian court. There should be a panel of at least three servicemembers and a military judge hearing the case, although the defendant can ask for a court-martial to be heard by just a military judge. Those convicted may face a bad conduct discharge, a year of confinement, pay forfeiture for up to a year, a pay reduction and hard labor for up to three months.
General courts-martial
If a servicemember faces accusations of an offense comparable to a felony, they may face general court-martial proceedings. There is typically a panel with five members and a military judge. The defendant can ask for the panel to include enlisted personnel. The penalties imposed after a conviction are the most severe punishments possible in a court-martial case. A conviction becomes a federal criminal conviction. They may serve a sentence in military prison, dishonorable or bad conduct discharge and possibly even the death penalty in severe cases. Officers could be at risk of dismissal after a conviction.
Each type of court-martial requires different preparation. Reviewing the situation that has led to court-martial proceedings with a skilled legal team can help servicemembers choose the best path forward. Servicemembers who assertively defend against accusations during court-martial proceedings can potentially preserve their careers and minimize the consequences of their circumstances.