The United States has structured its military to be a self-sufficient and autonomous unit capable of handling all kinds of disputes within itself. Part of that self-restraint is the military justice system. Every individual who joins the United States Armed Forces becomes subject to an entirely new system of justice. In the civilian world, the primary purpose of the justice system is to dispense “justice” fairly. This is not the goal of the military justice system.
The main purpose of the armed forces justice system is to provide the military commander with the necessary tools to enforce good order and discipline among the ranks. For example, it is not a “crime” punishable in court to be late for work in a civilian job. However, it is a “crime” to be late for work in the military. Repeated episodes of tardiness may result in a trip before the commission to determine punishment.
Maintaining a cohesive unit is one of the most important parts of being a commander or high-ranking officer in the military. There are various methods available to enforce good order and discipline within the unit. These methods range from mild administrative measures, such as informal or formal advice, to serious and full-fledged general courts-martial. In a general court-martial, a person can be sentenced to hard labor, dishonorable discharge, or even execution, depending on the offense that gave rise to a court-martial.
In the administration of justice, there are three types of courts martial. The three are: summary court-martial, special court-martial, and general court-martial.
summary court martial
The summary court martial provides the most basic procedure for resolving charges against a serving man or woman that involve minor incidents of misconduct. When held, a court-martial brief consists of an officer who is or may be a judge’s attorney. The maximum punishment imposed by a summary court martial is significantly less than the punishments available under the other two types. The accused must consent to being tried by a summary court-martial.
special war council
Special courts martial constitute the intermediate level of military courts. This level is made up of a military judge, an investigating attorney (or prosecutor), a defense attorney, and a minimum of three officers who make up the equivalent of a jury. An enlisted individual may petition for a tribunal composed of at least one-third of the enlisted personnel. It is also possible to request a trial by a judge alone.
general council of war
A general court-martial is the most serious level of military court. It is made up of a military judge, a trial lawyer, a defense lawyer and at least five members of the court to act as a jury. An enlisted individual may petition for a tribunal composed of at least one-third of the enlisted personnel. Unless the charges are those on which the death penalty could be imposed, it is also possible to receive a trial by a judge alone, if requested.