Can officers go to special court martial?

Enlisted members may request that the panel be made up of at least one-third enlisted personnel. A special court martial is often characterized as a misdemeanor court, and may try anyone subject to the UCMJ, including enlisted members, officers and midshipmen.

Can a soldier request a court martial?

A military member, except under one circumstance, has the right to either accept NJP, or refuse NJP and demand trial by court-martial. Once charges are referred to either a Special or General Court-Martial, the disposition of the case is placed in the hands of a Military Judge, or court-martial members (jury).

Can anyone in the military convene a court martial?

Finally, the secretary of any branch of the military can empower a CO with the right to convene a special court-martial. As with general courts-martial, accusers may not convene trials.

Which type of court-martial Cannot be used to try an officer?

Special Court-Martial. In this type of special court-martial, an accused may elect to be tried by the military judge alone, i.e., without a panel. An officer accused in a special court-martial cannot be dismissed from the service, be confined, or reduced in rank.

Who presides over a military tribunal?

The military judge may detail a military magistrate to preside over the proceedings. An enlisted accused may request a court composed of at least one-third enlisted personnel. A special court-martial may instead consist of a judge alone if requested by the accused or if the convening authority decides so.

Who initiates a court-martial?

However, if the CO decides to proceed with a court-martial, she must do so within 120 days of the arrest. Alternatively, a court-martial may be convened by the President, the Secretary of Defense, or the Secretary of the military branch to which the accused belongs.

Who has authority to conduct a court-martial?

The authority for State National Guards to convene courts martial is under Title 32 of the US Code. States that have militaries (State Guards) outside the Federally regulated National Guard convene courts-martial by authority of state laws.

What is the difference between military tribunals and courts martial?

A court-martial, as you may already know, is simply a military court used to determine the guilt of members of the armed forces who are subject to military law. A military tribunal, on the other hand, is designed to try members of enemy forces during wartime.

Can a civilian attorney represent you in a court martial?

If you’re facing a court-martial proceeding, you will have a military lawyer appointed to represent you throughout the process. However, you should also consider seeking the assistance of a civilian attorney specializing in military law who can represent you in conjunction with your military lawyer.

Is the recommendation of a court martial judge binding?

The recommendation is not binding on the convening authority. The general court-martial may take either of two forms. It may consist of a military judge and not less than five members, or solely of a military judge. The accused may elect trial by judge alone in all cases except those referred as capital cases.

Do you have to have a formal investigation before court-martial?

An informal investigation will suffice if your case is being referred to special court-martial. But a formal investigation is required prior to a general court-martial. Article 32 of the Uniform Code of Military Justice provides you with the right to have a probable cause proceeding before a general court-martial trial can be conducted.

What are the different levels of court-martial in the military?

If the commander decides that the offense is serious enough to warrant trial by court-martial, the commander may exercise the fourth option, preferring and forwarding charges. The commander may chose from three potential levels of court-martial: summary, special, or general court-martial.