RCMs: Jurisdiction

Question 1

Can a court-martial adjudge civil remedies?

Answer 1

No

Question 2

Where does the UCMJ apply?

Answer 2

Everywhere

Question 3

Can a court-martial in Hawaii hear a case about events that took place in Quantico, Va? Why?

Answer 3

Yes, because courts-martial have personal jurisdiction over all military members because they are not standing courts. Therefore, the place of the offense has no impact on what court-martial can hear the case.

Question 4

Does the judgment of a court-martial that is found to have no jurisdiction have any legal effect?

Answer 4

No

Question 5

When does jeopardy attach in both judge-alone and members courts-martial?

Answer 5

Judge Alone: when the presentation of evidence has begun.

Members: when the members are impaneled.

Question 6

Can a servicemember be tried by both a court-martial and a state court for the same offense?

Answer 6

Constitutionally, yes. As a matter of policy, the Marine Corps typically does not, but it can.

Question 7

A commander of a joint force may convene courts-martial for which branches of the service?

Answer 7

All of the branches which serve in the joint force.

Question 8

When can an accused of one branch be tried by a court-martial convened by a member of another branch of the service?

Answer 8

When the court-martial is convened by an authorized convening authority; and
Delivery of the accused to their branch of service would cause manifest injury to the armed services.

Question 9

If a member of one service is tried by a court-martial convened by a member of another branch of service, and the delivery of the accused to their respective branch would not cause manifest injury to the armed forces, is the result of the court-martial given legal effect?

Answer 9

Yes. Failing to abide by the policy above does not impact the legal validity of the court-martial results.

Question 10

Can an Air Force judge be detailed to a court-martial where the prosecutor is a soldier, the defense counsel is a Marine and the accused is a sailor?

Answer 10

Yes. There are is no requirement that personnel of a court-martial all be in the same branch.

Question 11

Does “manifest injury” mean minor inconvenience?

Answer 11

No

Question 12

A court-martial is convened for two co-accused. One of the accused is a Marine. The other is a soldier. Can they be tried together in a common trial?

Answer 12

No

Question 13

What offenses under the UCMJ can be tried at a GCM?

Answer 13

Any offense.

Question 14

When can the death penalty be adjudged?

Answer 14

When the death penalty is specifically authorized for the offense charged; and
The case has been referred with an instruction that the case is to be tried as capital.

Question 15

When can a judge-alone GCM try a person for an offense for which the authorized punishment includes death?

Answer 15

Only when the case has been referred with an instruction that it is not being tried as capital.

Question 16

For what offenses can an accused be tried at a special court-martial?

Answer 16

Any offense for which death is not an authorized punishment, regardless of whether the case is to be tried as capital.

Question 17

What are the limitations on punishments at a special court-martial?

Answer 17

A SPCM cannot adjudge:
Death;
Dishonorable discharge;
Dismissal of officers;
Confinement for more than one year;
Hard labor without confinement for more than 3 months;
Forfeiture of pay exceeding two-thirds per month; or
Any forfeiture of pay for more than one year.

Question 18

What is a “short-martial?”

Answer 18

A judge-alone court-martial convened under Art. 16(c)(2)(A) that the accused cannot refuse.

Question 19

What are the limits on punishment for a short-martial?

Answer 19

Short-martials cannot adjudge:
A bad conduct discharge;
Confinement for more than six months; or
Forfeiture of pay for more than six months.

Question 20

When must a case be referred to a General Court-Martial and not a Special Court-Martial?

Answer 20

When the offense is capital and has a mandatory minimum punishment that exceeds the punishment that a special court-martial can adjudge; or
When the offense is Art. 120, 120(a), 120(b), 120b(a) or 120b(b) or attempts to commit those offenses under Art. 80.

Question 21

Can a capital offense be referred to a special court-martial?

Answer 21

Yes, so long as it is not being tried as capital.

Question 22

When can a not be referred to a Short-Martial?

Answer 22

When the accused objects before the arraignment and the military judge finds that:
The max authorized punishment would be greater than two years if it were tried at a GCM (except wrongful use/possession offenses/attempts to commit those offenses); or
The specification alleges offenses for which sex offender registration would be required.

Question 23

When does first become subject to the UCMJ?

Answer 23

When a person first enlists.

Question 24

When does a person change from a civilian to a member of the armed forces?

Answer 24

When they take the oath of enlistment.

Question 25

When does court-martial jurisdiction terminate?

Answer 25

When the person receives their discharge certificate or its equivalent.

Question 26

What is “legal hold?”

Answer 26

Holding a member of the armed forces in active duty status past their end-of-active service date. The effect of RCM 202 (see discussion.)

Question 27

When can a person be put on legal hold?

Answer 27

If they are being held over with a view to trial; and

It is before their discharge date.

Question 28

A sailor is on terminal leave at his home before he EASs from the Navy. Is he still subject to court-martial jurisdiction?

Answer 28

Yes. Terminal leave is simply saved up leave that the person uses in lieu of selling it back to the military. It is granted at the discretion of the command. Therefore, you are still active duty when on terminal leave.

Question 29

What RCM governs legal hold?

Answer 29

RCM 202(c).

Question 30

A person can only be placed on legal hold for what reason?

Answer 30

When action with a view to trial is taken.

Question 31

How long does court-martial jurisdiction last?

Answer 31

For all purposes of trial, sentence and punishment.

Question 32

Does the UCMJ apply to prisoners in the custody of the armed services and who is serving a sentence imposed by a court-martial?

Answer 32

Yes

Question 33

Can a prisoner who is in the custody of the military, is serving a sentence imposed by a court-martial, and who received a discharge be tried by a court-martial for an offense committed after the receipt of their discharge?

Answer 33

Yes

Question 34

A Marine deserts from the military and lives as a civilian for 40 years. Are they still subject to court-martial jurisdiction?

Answer 34

Yes