Trials
A court-martial is basically a legal proceeding for members of the military. It's similar to a trial in a civilian court, but specifically designed for the military justice system. If you sat through a contested jury trial at your local federal district court, you'd be seeing the same practices, procedure, and evidence rules a you see in a court-martial.
We have traveled to almost every state and overseas location where there is a U.S. military base and where courts-martial are tried.
We have defended servicemembers of every rank between E-1 and O-8 in UCMJ actions. As well as those in the rank of O-9 in adverse administrative matters.
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Here's a breakdown:
- Purpose: Determine guilt for offenses against military law (Uniform Code of Military Justice, UCMJ) and decide on punishment if found guilty.
- Who it applies to: Military personnel subject to the UCMJ, as laid out in Article 2, UCMJ. Jurisdiction includes Reserve servicemembers, National Guard members on Title 10 Orders, and some retirees.
- Types: There are two types of courts-martial, depending on the seriousness of the offense:
- Special court-martial: In addition to some confinement, fines, reduction in rank, the person can be given a Bad Conduct Discharge.
- General court-martial (most serious): The confinement can range from none to Life Without the Possibility of Parole (LWOP) and in a few cases--death. In addition, a punitive discharge of either a Dishonorable Discharge (Dismissal for officers) or a Bad Conduct Discharge. Collateral consequences may include sex offender registration, firearms purchase or ownership prohibition, or removal from the U.S. (depending on the persons immigration status).