Military Law
Military personnel are subject to laws due to their status as members of the armed forces. Military law is a method of ensuring discipline in the ranks. The basis of United States military law is called the Uniform Code of Military Justice (UCMJ), which was signed into law by President Dwight D. Eisenhower in 1950.Court-Martial Trials
Soldiers who are charged with violations of military protocol must go through the process of a court-martial. In the U.S. military, there are three types of court-martials:
- Summary court-martial: This is instigated with the defendant’s consent, and used in the case of minor misconduct issues. Usually, a summary court-martial is decided by a judge advocate rather than a jury.
- Special court-martial: Usually, special court-martial is decided by a jury panel, but the defendant may ask for a judge to make the ruling. A finding for the government is equivalent to a conviction in federal court. Punishment is limited to no more than one year of confinement and forfeiture of up to two-thirds of one’s monthly salary for one year, regardless of the offense committed.
- General court-martial: The most severe level of court martial. A conviction in this sort of trial is equivalent to a conviction in federal court. A finding against the defendant may result in dismissal from the service, although this may be appealed all the way to the Supreme Court.
Court-Martial Defense
While all military personnel charged with special or general court-martials are entitled to an attorney provided by the military, the defendant may opt to retain outside council. A listing of local lawyers who specialize in military law is available in the phone book or on the Internet. Ask acquaintances for recommendations when looking to retain council on issues pertaining to military justice.
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