Naval Science 402Leadership and Ethics

Lesson 19

Courts Martial

Objectives

Comprehend junior officer responsibilities relative to the military justice system and the courts-martial process.

Know the three types of courts-martial.

Know the maximum punishments allowed by each level of courts-martial.

Types of Courts-martial.

Summary (SCM)

Special (SPCM)

General (GCM)

Jurisdiction(Offense/scope Classification)

Summary (SCM)– Minor Offenses, Voluntary, Enlisted Only

Special (SPCM)– Non-Capital Crimes or Capital Crimes – Where sentence does not exceed punishment

limitations

General (GCM)– Non-Capital Crimes– Capital Crimes

Convening Authority

Summary (SCM)– All below plus Officers in Charge

Special (SPCM)– COs of battalions/squadrons– Commanders/COs of Navy Units/activities – Commanders whose subordinates have SPCM

authority

General (GCM)– Flag/General Officers (and superiors)

Composition

Summary (SCM)– Summary Court Officer (Commissioned Officer, O-3

or above, same armed force)

Special (SPCM)– Military Judge, Trial and Defense Counsels,

Minimum 3 members

– Accused may request trial by MJ alone

Composition

General (GCM)– Military Judge, Trial and Defense Counsels,

Minimum 5 members

– Accused may request trial by MJ alone in non-capital cases

Procedures/Authority

Summary (SCM)– Accused may refuse SCM– Standard of Proof: Beyond Reasonable Doubt

(BRD)

Special (SPCM)– Standard of Proof: BRD; 2/3 majority

Procedures/Authority

General (GCM)– Includes an Article 32 Hearing– Standard of Proof: BRD; 2/3 Majority (3/4 for

confinement > 10 yrs; unanimous for death)

Article 32 Investigation

Similar to a Grand JuryNo GCM Until an Article 32 Investigation

Has Been Completed and Resolves:– Truth to the Charges– Consideration of the Form of the Charges– Recommended Disposition

Accused Advised of RightsOther Charges May Be Added If

Discovered

Maximum PunishmentSummary Court

Confinement– 30 days

Reduction in Rate– E-4 and below: to E-1– E-5 and below: one pay-grade

Forfeitures– 2/3 Pay per month for 1 month

Maximum PunishmentSpecial Court (Enlisted)

Confinement– Confinement at Hard Labor for 6 months or– lesser of maximum permissible for offense

Reduction in Rate– Reduction to E-1

Forfeitures– 2/3 Pay per month for 6 months

Other– Bad Conduct Discharge (BCD)

Maximum PunishmentSpecial Court (Officer)

Confinement– Restriction for 60 days

Reduction in Rate– Loss of Lineal Numbers

Forfeitures– 2/3 Pay per month for 6 months

Maximum PunishmentGeneral Court (Enlisted)

Confinement– Maximum Permissible to Life

Reduction in Rate– to E-1

Forfeitures– Total

Other– Dishonorable Discharge (DD)– Death

Maximum PunishmentGeneral Court (Officer)

Confinement– Maximum Permissible to Life

Reduction in Rate– Loss of Lineal Numbers

Forfeitures– Total

Other– Dismissal– Death

Questions ???