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Military Law
Military Law is made up of various statutes and regulations that work to govern United States armed services personnel. The Uniform Code of Military Justice (UCMJ) is the primary framework of military law, providing rules and procedures concerning individuals in the military. It applies to all active-duty, reserve & Guard, and retired military personnel. A violation of the articles detailed in the UCMJ can result in punishments that may include discharge from service or incarceration.
Court Martial Trials
The term court martial refers to the legal body responsible for determining the guilt or innocence of military personnel accused of committing a crime. Courts martial hear cases involving crimes common within the civilian legal system such as theft or fraud. However, they also hear cases that are more specific to the military such as desertion, insubordination or murder in combat.
Three different levels of court martial proceedings may occur, each one determined by the severity of the crime. The three types of court martial hearings include:
- Summary Court Martial – Also called Article 15 hearings, summary court martial trials deal with minor offenses, and are considered a process by which a commander can ensure discipline. Punishments in trials of this level depend on the rank of the commanding officer and the individual on trial.
- Special Court Martial Trial – This type of trial includes crimes equivalent to a misdemeanor and can result in up to one year in prison, pay forfeitures or discharge.
- General Court Martial Trial – This type of military trial is reserved for more serious crimes and may result in longer prison sentences and loss of military pension and benefits.