Anyone who understands the military knows that order, organization, and firm rules are defining features of the armed forces. Military personnel are held to a strict code of conduct, and soldiers are expected to treat their superiors with respect and obey the chain of command. As you might expect...
You might pretend to be sick to skip school or feign an injury to avoid soccer practice, but malingering in the military is a major crime. Malingering is described in Article 115 of the Uniform Code of Military Justice (UCMJ) as the following: “Any person . . . who for the purpose of avoiding wor...
Failing to show up for work is never a good idea, whether you're a teacher, a nurse, a pilot, or an army private. In the military, it is actually a crime. Defined in Article 86 of the Uniform Code of Military Justice (UCMJ), unauthorized absence (UA) or absence without leave (AWOL) is a very comm...
Over the decades, there have been many significant courts-martial that broke boundaries and captured the public's attention. Although the cause for their notoriety varies, all of these famous court-martial cases are well known within the military justice system (as well as amongst the general pub...
If you believe that your court-martial verdict is unjust, fight it! The military makes it easy for you to appeal the court's decision. In fact, following all special and general courts-martial, a review of the verdict and sentence is mandatory. The convening authority will review the case first, ...
Although a court-martial verdict may feel like the end of the line, the appeals process in the military is actually quite extensive. Special and general courts-martial are reviewed automatically by the convening authority (who can reduce the sentence or charge), and if that re-examination doesn't...
A verdict is not always the end of a court-martial case. Special and general courts-martial are always automatically reviewed by the convening authority (i.e., the person who convened the court-martial in the first place). Amongst other important duties, this person has the right to reduce the se...
As we discussed in a recent blog post, many court-martial verdicts are automatically reviewed. In fact, special and general courts-martial are always reviewed by the convening authority, who can reduce the sentence or charge but not increase it. However, if you would like to appeal the results of...
In the armed forces, desertion describes the crime of abandoning the military with the intent to permanently leaved the armed forces. It also applies to someone who deserts in an attempt to evade a critical service or avoid a high-risk duty. The intent of the accused isn't just a detail; it is th...
Although all employees are required to perform certain duties, in the military, service members must perform assigned duties and follow given orders by law. Failure to do so is a crime outlined in the United States Code of Military Justice (UCMJ) and known as dereliction of duty. The specific off...
Throughout our lives, we take on different roles – child, friend, employee, parent, boss, etc. – and we are expected to behave in certain ways according to these roles. For example, children are expected to respect their parents, and employees are expected to be polite and professional. In the mi...
In the moment before a verdict is announced at a court-martial, a million thoughts will likely race through the mind of the accused. Do I have a good chance at being deemed innocent? If I'm guilty, what will my sentence be? How will this verdict affect my life? Amongst your doubts, fears, and hop...
In order for a court-martial to take place, someone must convene it. Only a select group of people are allowed to do this, including the President, the Secretary of Defense, and specific commanding officers. Amongst many other duties, the convening authority will decide what charges to refer and ...
In many ways, courts-martial mimic civilian trials. In other ways, they are distinctly different. Take, for example, the composition of a court-martial. Although the prosecution and defendant's counsel will be present and typically a judge will preside over the court-martial, the type of attorney...
Did you know that courts-martial in the United States predate both the Constitution and the Declaration of Independence? In June 1775, the Second Continental Congress established the Articles of War to govern the Continental Army's conduct. Although these regulations were based on British militar...
What is the Manual for Courts-Martial? Well, just as the Constitution dictates the supreme law of the United States and the dictionary defines the English language, the Manual for Courts-Martial (MCM) is the official guide for courts-martial in the U.S. military. Unlike the Uniform Code of Milita...
A guilty verdict in a court-martial does not always seal your fate. Sometimes the conviction is unwarranted. For example, perhaps the military judge made a mistake or there wasn't enough evidence to justify a conviction. Or, perhaps the conviction was warranted, but the sentence is inappropriatel...
In most (but not all) courts-martial, the members decide the fate of the accused. “Who are the members?” you ask? Unlike civilian courts, the military justice system does not have juries composed of jurors. Instead, there are panels composed of members. The members bear the responsibility of deci...
What is a convening authority? Well, let's start with the basics, the terms involved: Convening: (verb) coming or bringing together for a meeting or activity; assembling Authority: (noun) the power or right to give orders, make decisions, and enforce obedience A convening authority plays an impor...
In a trial, one party must bear the burden of proof. According to Merriam-Webster, the term burden of proof is defined as “the duty of proving a disputed assertion or charge.” Like a civilian court, the burden of proof in a court-martial rests with the prosecution (i.e., the government). The accu...
Serious crimes require serious trials. Although felonies don't exist in the military justice system, a general court-martial is similar in purpose and practice. The highest level of court possible for members of the U.S. military, a general court-martial is used to try those who have been accused...
Courts-martial and military tribunals are both courts of justice, and they are both used by the United States military. Although they are similar in name and function, each type of court is used for a specific purpose. A court-martial, as you may already know, is simply a military court used to d...
What is a special court-martial, and why is it so special? At the intermediate level of the military court system, special courts-martial are used to try members of the military who have committed minor crimes, which can be likened to civilian misdemeanors. The potential punishments are not as se...
The military court system is divided into three types, where the accused are tried based on the severity of the crime they have committed. The type of court-martial used affects the potential punishments, the process, and the rights of the accused, amongst other details. If you'd like to better u...
If you're unfamiliar with courts-martial, your instinct will likely be to compare them to civilian trials. So, you might wonder if the potential punishments are similar, whether the accused has the same rights as a civilian defendant, and if a jury will be present. Today we're tackling that last ...
