Despite serving the country in the military, a member of the military must still comply with laws. A member of the military often needs to follow civilian and military laws, and violating these laws can lead to a court-martial. Enlisted service members may be court-martialed if they are accused of minor and severe offenses.
Just like anyone else who would violate laws and would go through a criminal trial, a service member will undergo a court-martial process. Here’s how the court-martial process works:
Before a court-martial trial
A court-martial typically begins with a commanding officer making an investigation into an accusation against a service member. The commanding officer will review the facts and determine the severity of a service member’s offenses allegedly committed. The commanding officer will then decide whether they will proceed with a court-martial or decide on a “non-judicial” punishment, such as giving specific restrictions or extra duties.
If a court-martial is proceeded with, the service member is read the accusations against them. The service member may have the option to hire someone to represent them alongside a judge advocate that is assigned to them. Then, a probable cause hearing is given so that an officer can present evidence of a service member’s offenses.
During a court-martial trial
A military trial will be conducted differently depending on whether it is a summary, special or general court-martial. A panel of officers and service members will review the facts of a trial impartially – this process is similar to civilian court trials. Each side will present evidence and a verdict will be given.
After a court-martial trial
A military trial verdict can be appealed if the accused believes that there was an error of law. It can help to reach out for legal guidance if you are facing a court-martial proceeding.