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He was brought before a court-martial in 2007 which ended in a mistrial; the Army subsequently discharged him under "Other-Than-Honorable-Conditions" (OTH) in 2009. [5] An OTH discharge is the least favorable type of administrative discharge from the Army, and is reserved for a "pattern of behavior that constitutes a significant departure from ...
A general court-martial is the only forum that may adjudge a sentence to death. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused; this is the equivalent to a civilian grand jury process. An accused before a general ...
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.
A dishonorable discharge (DD) is a punitive discharge that can only be handed down at a general court-martial after conviction(s) of serious offenses (e.g., felony-like crimes such as desertion before an enemy, drug distribution, sexual assault, murder, etc.) by a military judge or panel (jury).
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 ...
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.
A bad-conduct discharge, for example, given under general court martial, can make someone ineligible for services including a VA home loan, military pension and education benefits.
Courts-martial are conducted under the UCMJ (10 U.S.C. §§ 801–946, U.C.M.J. art. 1–146) and the Manual for Courts-Martial. If the trial results in a conviction, the case is then reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority may approve the conviction of the ...