The Uniform Code of Military Justice (UCMJ) is the cornerstone of military law in the United States, outlining legal standards and procedures for personnel across all branches of the armed forces.
Violation of the UCMJ can result in a court-martial, which, depending on its severity, can have severe consequences for your military career and beyond.
The right to appeal
The military justice system recognizes the possibility of errors in the judicial process despite intensive due diligence. Therefore, it provides mechanisms for service members to appeal their convictions.
Generally, convictions from summary courts-martial are not subject to direct appeal. Instead, the service member would appeal to a higher-level commanding officer.
Convictions from special and general courts-martial are more serious. An appellate court automatically reviews them if the sentence includes death, a punitive discharge, or confinement for one year or more. If your conviction is for a lesser offense, you may file an appeal to have your case reviewed.
There are several levels of appellate review, and each serves a distinct role in the appeals process:
- Each military branch has its own Court of Criminal Appeals (CCA), which reviews cases as the first level of appeal.
- The United States Court of Appeals for the Armed Forces (CAAF) is the highest appellate court within the military justice system. It reviews the decisions of the CCAs and plays a critical role in interpreting military law and ensuring uniformity across the different branches of the armed forces.
- Although rare, service members can petition the Supreme Court to review their case after exhausting military appellate options.
Appeals under the UCMJ can be based on various grounds, such as:
- Legal errors during the trial
- Insufficient evidence to support the conviction
- Improper sentencing
- Violations of constitutional rights
Navigating the appellate process is complex and requires a thorough understanding of military law and procedure. Working with someone who can provide invaluable assistance in identifying grounds for appeal and providing the best chance of achieving a positive outcome is crucial.