A key component of the military justice system is the court-martial, which is a legal process used to try servicemembers for alleged violations of the Uniform Code of Military Justice (UCMJ).
However, courts-martial come in three different varieties: General, special and summary. Each serves a different purpose and form. Here are some of the basic differences:
General court-martial
This is the most serious type of court-martial and is generally equivalent to a felony-level trial in the regular (civilian) court system. It’s broadly reserved for severe offenses, like sexual offenses, desertion, murder and other serious breaches of military law.
The procedure is formal, with rules of evidence, the right to legal representation and the right to cross-examine witnesses. Penalties, if the defendant is convicted, can range from imprisonment to reductions in rank, forfeiture of pay and dishonorable discharge – or any combination of those consequences.
Special court-martial
This kind of court-martial has been equated closer to a civilian misdemeanor trial. They’re often held over things like minor thefts, insubordination to a superior officer or drug possession and can be quicker and less complicated (albeit still formal) than a general court-martial. Rules of evidence are a little more relaxed, but legal representation is still provided.
While still serious, a conviction at a special court-martial is more likely to result in punishments like confinement of up to a year, forfeiture of two-thirds of the defendant’s pay for a year, reduction in rank and, possibly, a bad-conduct discharge.
Summary court-martial
A summary court-martial is the least severe and is designed to address misconduct that doesn’t rise to the other levels. Summary courts-martial may be held for things like dereliction of duty or being absent without leave (AWOL). It’s also the least formal process, but the accused is still permitted to have a lawyer.
Punishments, upon conviction, can include confinement for up to 30 days, reduction in rank, a short-term forfeiture of pay – but it will not result in a dishonorable discharge.
Understanding what you may be facing if you’ve been accused of a UCMJ violation is important. So is having the appropriate legal guidance to protect your military career and your future.