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What Are The Types of Court-Martials?

Author: Military Lawyer
by Military Lawyer
Posted: May 02, 2017

If you are facing a court-martial, you should consider hiring a civilian military attorney. A military law attorney has the knowledge and experience to represent you during this difficult time. In part, the kind of representation you need from a court-martial attorney may be determined by the type of court-martial you face. There are three basic types of court-martials.

The Summary Court-Martial

A summary court-martial is designed to deal only with minor infractions and to do so quickly and efficiently. A summary court-martial only has the authority to try enlisted members. A single officer will decide on the case, and there are definite limits to what punishment can be assigned in the event that an enlisted member is found guilty.

The General Court-Martial

In contrast, a general court-martial can try any soldier for any offense. Much like a civilian criminal trial, an investigation will be completed before the court-martial begins in order to determine what infraction has occurred and whether it is even a basis for prosecution. A general court-martial is presided over by either a military judge or a military judge and a small panel of five members, much like a jury in a civilian criminal trial. The soldier even has the right to select the makeup of this panel. If a soldier is found guilty, a wide array of punishments can be assigned, unlike the summary court-martial which is very restricted in what can be levied as punishment. A civilian court-martial attorney is probably a good choice if you are facing a general court-martial.

The Special Court-Martial

A special court-martial can be called to prosecute any soldier for any non-capital offense. It is presided over by a military judge or a panel of at least three soldiers and a military judge. Again, the soldier being tried is given the right to select who sits on this panel. There are definite limits to what can be assigned as punishment in the event that the solider is found to be guilty. Again, you may want to consider a civilian military law attorney to provide you with legal representation.

Why Should You Hire a Civilian Attorney?

If you have been charged with a crime, you have a lot to lose, including your job, your income and your reputation. Furthermore, you may face imprisonment or other punishments. Although in many cases you may be assigned a military-appointed defense attorney, it’s probably a good idea to also hire your own civilian military attorney. You want an attorney who can best represent your interests, and in some cases a military-appointed attorney may not be able to do this simply because he or she has an overly burdensome caseload and be so entrenched in the military’s chain of command that he or she may be motivated to protect his or her own best interest.

You deserve the best legal representation you can find. You deserve an attorney you can trust. It only makes sense to hire your own representation if you are facing serious charges in a general or special court-martial.

About the Author

Weston Barnes is a write and an avid reader. When he's not writing about business, marketing, health, pets, or relationships, he's immersed in his latest book.

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Author: Military Lawyer

Military Lawyer

Member since: Dec 23, 2016
Published articles: 3

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