Court-martial

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This article discusses military law. For the 1966 ITC Entertainment TV series, see Court Martial (series).

A court-martial (plural courts-martial or court-martials) is a military court that determines punishments for members of the military subject to military law. Virtually all militaries maintain a court-martial system to try cases in which a breakdown of military discipline may have occurred. In addition, courts-martial may be used to try enemy prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding army's own soldiers. Additionally, most navies have a standard court martial which convenes whenever a ship is lost; this does not necessarily mean that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship would be made part of the official record. Many ship captains will actually insist on a court-martial in such circumstances.

[edit] Courts-martial in the United Kingdom

In the United Kingdom, summary offences are dealt with by the accused's commanding officer. The commanding officer acts as a magistrate, but the accused may only be admonished, reprimanded, fined, denied pay, have his/her privileges restricted or be detained for up to 28 days.

Serious offences are considered by a court-martial. The courts also consider cases when the accused is an officer or holds rank above that of his commanding officer, or when the accused demands such a trial. Prosecution is controlled not by the military, but by a Prosecuting Authority that is independent of the chain of command. The defendant's lawyer, furthermore, may be a civilian, and costs may be borne by the military.

There are two types of courts-martial: the District Court-Martial (DCM) which may punish the accused with up to two years imprisonment, and the General Court-Martial (GCM) which may punish the accused with up to life imprisonment if the offence is serious enough. Officers convicted at a Court-Martial can be dismissed, with especially serious offenders dismissed in disgrace and banned from serving Her Majesty in any capacity for life.

The District Court-Martial is composed of three members and the General Court-Martial of five members; in each case, one member is designated the President. The members may be warrant officers or commissioned officers. The members of the court judge the facts of the case, like a jury.

They may also determine the sentence, but in the civilian courts, that power is granted only to the judge. The court is presided over by a Judge Advocate, who is normally a civilian judge. The present Judge-Advocate General is a Circuit Judge and the other Judge Advocates are Barristers in practice, who serve as Judge Advocates only on a part time basis. This is like a Recorder in the Crown Court. The presiding judge may instruct the members of the Court on questions of law and sentencing.

Appeal lies to the Courts-Martial Appeals Court, which may overturn a conviction or reduce a sentence. Thereafter, appeal lies to the highest court of the United Kingdom, the House of Lords (the case, like all others before the House, is only heard by a committee of judges known as Law Lords).

There is no capital punishment in the military. Prior to its complete abolition in 1998, it was available for six offences: Serious Misconduct in Action, Communicating with the Enemy, Aiding the Enemy or Furnishing Supplies, Obstructing Operations or Giving False Air Signals, Mutiny and Incitement to Mutiny or Failure to Suppress a Mutiny.

During World War I there were a further two Courts-Martial. The Regimental Court-Martial (RCM), which rarely sat, and the Field General Court-Martial (FGCM). The FGCM consisted of three officers, one of them normally a Major who acted as president. There are currently no limits on sentence durations within the military, although it is generally followed that imprisonment should not exceed the limits set by a civilian court dealing with the same crime. However, significant changes to the system will be introduced after the passage of the Armed Forces Bill 2006.

[edit] Courts-martial in the United States

Main article: Courts-martial in the United States

As in all United States criminal courts, courts-martial are adversarial proceedings. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side. In doing so, they follow the rules of procedure and evidence. Based upon these presentations, the military judge decides questions of law. The jury in a court-martial is called a panel of members. The court-martial members apply the law and decide questions of fact. Both the court-martial members and the military judge are members of the armed forces. Only a court-martial can determine innocence or guilt. General and special court-martial convictions are equivalent to federal court convictions.

There are three types of courts-martial: summary, special and general.

Unlike other federal courts established under Article III of the U.S. Constitution, a court-martial is established under Article I and does not exist until its creation is ordered by a military officer specifically authorized to do so by law. Such officers are called court-martial convening authorities. The legally operative document that a convening authority uses to create a court-martial is called a court-martial convening order. Once a court-martial is ordered into existence, a convening authority may then refer cases to the court for trial.

Courts-martial have universal jurisdiction over personnel, subject to the Uniform Code of Military Justice.