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Trial by summary court-martial provides a simplified
procedure for the resolution of charges involving minor incidents of
misconduct. The summary court-martial consists of one officer who,
depending upon Service policies and practice, is a judge advocate (a
military attorney). The maximum punishment a summary court-martial
may impose is considerably less than a special or general court-martial.
The accused must consent to be tried by a summary court-martial.
A special court-martial is the intermediate
court level. It consists of a military judge, trial counsel (prosecutor),
defense counsel, and a minimum of three officers sitting as a panel
of court members or jury. An enlisted accused may request a court composed
of at least one-third enlisted personnel. An accused, officer or enlisted,
may also request trial by judge alone. Regardless of the offenses involved,
a special court-martial sentence is limited to no more than six months
confinement (or a lesser amount if the offenses have a lower maximum),
forfeiture of two-third’s basic pay per month for six months,
a bad-conduct discharge (for enlisted personnel), and certain lesser
punishments. An officer accused in a special court-martial cannot be
dismissed from the service or confined.
A general court-martial is the most serious
level of military courts. It consists of a military judge, trial counsel,
defense counsel, and at least five court members. Again, an enlisted
accused may request a court composed of at least one-third enlisted
personnel. Unless the case is one in which the death sentence could
be adjudged, an officer or enlisted accused may also request trial
by judge alone. In a general court-martial, the maximum punishment
is that established for each offense under the Manual for Courts-Martial,
and may include death (for certain offenses), confinement, a dishonorable
or bad-conduct discharge for enlisted personnel, a dismissal for officers,
or a number of other lesser forms of punishment. A pretrial investigation
under Article 32, UCMJ, must be conducted before a case may be referred
to a general court-martial, unless waived by the accused.
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These lawyers are located in the Augusta Georgia area. They represent clients in Augusta and the surrounding areas including Appling, Evans, Waynesboro, Louisville, North Augusta SC, Thomson, Lincolnton, Girard, Columbia, Richmond County, Lincoln, McDuffie, Jefferson and Burke County, Georgia and Aiken, South Carolina.
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