18 - Courts-Martial 1

Question 1

Three Requirements of a Court-Martial

Answer 1

1. Military Crime
2. Military Accused
   -Jurisdiction: must have jurisdiction over the crime AND the person
3. Convening Authority

Question 2

Jurisdiction over Military Accused

Answer 2

• All active duty military personnel
• Reservists when offense was commited on active duty
• MIDN and Cadets
• Retired personnel receiving pay
• POWs

Jurisdiction applies everywhere

Question 3

Court-Martial types

Answer 3

1. Summary Courts-Martial (SCM)
2. Special Courts-Martial (SPCM)
3. General Courts-Martial (GCM)

Question 4

Summary Courts-Martial (SCM)

Mega NJP

Answer 4

• All Commanding Officers
• NJP on steroids; punishments aren’t more severe, no jury, overseen by senior officer or JAG

Question 5

Special Courts-Martial (SPCM)

Misdemeanors

Answer 5

• Battalion & Squadron COs (O-5 and above)
• Unit or activity in the Navy with an O-4 or above
• Similar to a misdemeanor; punishments are capped

Question 6

General Courts-Martial (GCM)

Felony

Answer 6

• All FLAG Officers
• Limited number of O-6s
• Felony Court

Question 7

What is Preferral?

Answer 7

The charge sheet is generated, sworn out, the CA signs off on it, and the Accused is served

Question 8

Article 32

If a General Court Martial is appropriate

Answer 8

Independent JAG (O-4 or above) will review the evidence and decide if the case goes forward to trial
- Equivalent of a Grand Jury proceeding
- Accused actually gets to be there and put on a case if he/she wants
Package then goes to the GCMCA for review and next steps

Question 9

What is a Referral?

Answer 9

If the GCMCA decides to go forward, the charges are “referred” to a GCM and Court-Martial is convened

Question 10

Traits of a Military Trial

Answer 10

• Members and the judge get to ask witnesses questions
• Providency inquiry in uncontested trials
• Rules of evidence/objections

Question 11

Members Panel

Answer 11

Determined by type of Court-Martial (CM)
- CA can pick potential members
- Accused elects whether or not to have members or to go “judge alone”

Military Jury Duty

Question 12

Courts-Martial CA Potential Post-Trial Actions

Answer 12

CA can:
- Disapprove a finding of guilty only for minor offenses
- Approve or reduce a court’s sentence, but can never increase the punishment
- Approve findings of not guilty

Accused has the right to request clemency from the CA