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A special court-martial may instead consist of a judge alone if requested by the accused or if the convening authority decides so. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
A court-martial (plural courts-martial or courts martial, as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.
The persons who may exercise this authority are defined in article 22 (10 U.S.C. § 822) for general court-martial, article 23 (10 U.S.C. § 823) for special court-martial, and article 24 (10 U.S.C. § 824) for summary court-martial. The convening authority decides on the disposition of cases to investigation and trial, and also selects the ...
A convicted service member may submit a request for leniency to the convening authority prior to the convening authority's approval of the court-martial sentence. Each military service and the Coast Guard has a Court of Criminal Appeals, which is composed of panels of three appellate military judges: Army Court of Criminal Appeals
Advocates are hopeful the general's court-martial is the beginning of a sea change in the military justice system.
A United States military "jury" (or "members", in military parlance) serves a function similar to an American civilian jury, but with several notable differences.Only a general court-martial (which may impose any sentences, from dishonorable discharge to death [1]) or special court-martial (which can impose sentences of up to one year of confinement and bad-conduct discharge [2]) includes members.
The judges are military officers and fulfill the role of jurors. Military tribunals are distinct from courts-martial. A military tribunal is an inquisitorial system based on charges brought by military authorities, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an enemy army.
Capt. Stephanie Evans said at Tuesday's hearing that a court-martial was appropriate given that obeying orders “is at the absolute core of everything we do in the U.S. military” and that ...