What happens to a general court martial conviction?
What happens to a general court martial conviction?
Every general court-martial conviction is automatically reviewed by the convening authority (i.e., the person who referred the case). This person can reduce the charges of the accused, reduce the sentence, or dismiss the charges. However, they cannot increase the imposed sentence.
Who are the members of a general court martial?
Who is present at a general court-martial? The court includes a military judge, the trial counsel (i.e., the prosecutor), the defense counsel, and a panel of at least five officers acting as court-martial members (i.e., the jury).
Can a military member appeal a special court martial?
The military has built-in protections for convicted service members, including automatic review of special and general court-martial convictions. Please answer a few questions to help us match you with attorneys in your area.
Do you have a right to an attorney during a court martial?
You have the right to an attorney during your court-martial proceedings and all the way through every level of appeal you file. You can either use the military defense attorney (called a judge advocate) or hire a civilian attorney to represent you.
What happens if you are convicted in a military court martial?
If you are convicted by special or general court-martial, your case will get automatically reviewed by the person who referred the case for court-martial. This person, called the “convening authority,” has the right to mitigate the findings and sentence.
Who is the judge advocate for a military court martial?
The convening authority may seek advice from the judge advocate (military counsel) while conducting this review. Reviews of courts-martial are governed by the Uniform Code of Military Justice, 10 U.S.C. § § 859-876, and the Manual for Courts-Martial.
How many officers are on a general court martial?
Accordingly, a general court-martial panel consisted of thirteen commissioned officers selected by a convening authority, with a field grade officer as president.
Which is the lowest court martial in the military?
They vary in severity and process: Summary Court-Martial is the lowest court in the military system. It deals with crimes that are generally considered misdemeanors, and the accused does not have the same due process rights that they would in a civilian trial or in the other court-martial levels.