Military Justice Overview

The Uniform Code of Military Justice (UCMJ) is a federal law and the basis of our military justice system. It outlines what conduct is criminal, establishes the various types of courts, and sets forth the procedures to be followed in the administration of military justice.

Commanders are responsible for enforcing the law, protecting service members' rights, and protecting and caring for victims of crime. Commanders are also responsible for providing administrative support to judicial proceedings.

The UCMJ applies to members serving on active duty in a Title 10 status.

SUMMARY COURT-MARTIAL

A summary court-martial is a court composed of one officer who may or may not be a lawyer. The summary court handles minor crimes of enlisted service members only, and has simple procedures.

The maximum punishment depends on the rank of the accused, limited to confinement for one month (E-4s and below); forfeiture of two-thirds of pay for one month; and reduction in grade.

A summary court-martial may not try an accused against his will. If the service member objects, a commander may elect a trial by higher court-martial.

The accused does not have a right to military counsel at a summary court-martial, although the member may consult with defense counsel prior to the hearing.

 

SPECIAL COURT-MARTIAL

A special court-martial can try all service members and consists of a military judge, at least three court members (unless the accused chooses to be tried by military judge alone); a trial counsel; and a defense counsel.

The maximum sentence is a bad conduct discharge, confinement for 12 months, forfeiture of two-thirds pay per month for 12 months, and reduction to the lowest enlisted grade.

If a bad conduct discharge is adjudged, the accused has an automatic right of appeal to the service Court of Criminal Appeals.

GENERAL COURT-MARTIAL

A general court-martial tries cases over all service members for the most serious offenses. It consists of a military judge; at least five members of the panel (unless the accused elects to be tried by a military judge alone); a trial counsel; and a defense counsel.

Unless waived by the accused, a formal investigation (an "Article 32" investigation) must occur before a general court-martial may try the case.

The general court-martial my adjudge the most severe punishments authorized, including the death penalty.