Three Types of Court-Martial MGySgt Dalvin L. Bailey

The purpose of this lesson is to teach you about the three courts, summary court, special court, and general court.

Lesson Objectives Match key words to their definitions. Complete a chart that compares the jurisdiction, composition, and punishments related to Summary, Special, and General courts. Apply knowledge of the three types of courts to scenarios. Example:

Key Words Felony ______ - a very serious crime such as armed robbery. ________ - legal document telling someone they must give evidence as a witness in a court of law. _________ - a formal written statement which can be used in a court if the witness cannot be present. Felony Subpoena Deposition Example:

Introduction A court-martial is convened only when ordered by an authorized military officer. The officer who convenes the court selects the members of that court-martial. The UCMJ allows certain officers to convene one or more types of courts-martial depending on how severe the violation is. Example:

Warm Up Question True or False: Anyone in the military can convene a court-martial. True False Example:

Members of a Court-Martial Officers, warrant officers, and enlisted personnel are eligible to serve as members of courts-martial. Enlisted personnel may serve on general and special courts for the trial of enlisted person when requested by the individual on trial. Court members are usually superior in rank to the accused. Example:

Summary Court-Martial The purpose of the summary court is to administer justice promptly for minor offenses with a simple procedure. The minor offenses include unauthorized absence (UA), disrespect, and disobedience. A summary court may also try cases related to the refusal to accept non-judicial punishment and any noncapital offense. Example:

Summary Court-Martial Service members have the right to refuse the imposition of nonjudicial punishment. However refusal of NJP will normally not result in the dismissal of charges. A commanding officer can still refer the charges to court-martial. Except for individuals attached to or embarked on a vessel. Example:

Lesson Question This court hears cases such as desertion, assault, larceny, and robbery. Summary Special General Court of Appeals Example:

Lesson Question Who is eligible to serve as members of courts-martial? Enlisted men Warrant officers Civilians Both A and B are correct Example:

Special Court-Martial The purpose of a special court is to exercise justice for cases that are serious, but noncapital, such as desertion, assault, larceny, and robbery. Special courts have jurisdiction to try officers and enlisted persons subject to the code for any noncapital offense made punishable by the code. Example:

General Court-Martial The purpose of the general court is to exercise justice for cases that are of a very serious nature including: felonies, capital offenses, such as rape, manslaughter, arson, treason, or mutiny. The court may try officers and enlisted personnel. Example:

Lesson Question This court hears cases such as unauthorized absence, disrespect, and disobedience? Summary Special General Court of Appeals Example:

Lesson Question This court hears cases such as felonies, capital offenses, such as rape, manslaughter, arson, treason, or mutiny? Summary Special General Court of Appeals Example:

Appeals The accused may appeal the outcome of a court-martial to the military court of appeals if the accused believes that the military judge made an error of laws. In cases where the accused is sentenced to the death penalty, the court-martial is automatically appealed Court of Military Review will hear the appeal. Example:

Lesson Question This court hears cases that involves a punitive discharge, confinement for more than one year or dismissal of an Officer? Summary Special General Court of Appeals Example:

Lesson Question This court hears cases related to the refusal to accept non-judicial punishment and any noncapital offenses? Summary Special General Court of Appeals Example:

Lesson Question True or False: Any senior enlisted military person may serve on a court martial the involves an officer in the paygrade of 0-3 and below . True False Example:

Lesson Question True or False: A military member can choose a court-martial instead of Article 15. True False Example:

Warm Up Question True or False: Findings of a court-martial is considered final. True False Example:

Questions

REVIEW Example:

Warm Up Question True or False: Anyone in the military can convene a court-martial. True False Example:

Lesson Question This court hears cases such as desertion, assault, larceny, and robbery. Summary Special General Court of Appeals Example:

Lesson Question Who is eligible to serve as members of courts-martial? Enlisted men Warrant officers Civilians Both A and B are correct Example:

Lesson Question This court hears cases such as unauthorized absence, disrespect, and disobedience? Summary Special General Court of Appeals Example:

Lesson Question This court hears cases such as felonies, capital offenses, such as rape, manslaughter, arson, treason, or mutiny? Summary Special General Court of Appeals Example:

Lesson Question This court hears cases that involves a punitive discharge, confinement for more than one year or dismissal of an Officer? Summary Special General Court of Appeals Example:

Lesson Question This court hears cases related to the refusal to accept non-judicial punishment and any noncapital offenses? Summary Special General Court of Appeals Example:

Lesson Question True or False: Any senior enlisted military person may serve on a court martial the involves an officer in the paygrade of 0-3 and below . True False Example:

Lesson Question True or False: A military member can choose a court-martial instead of Article 15. True False Example:

Warm Up Question True or False: Findings of a court-martial is considered final. True False Example: