Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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| b. Special Court-Martial A special court-martial (SPCM) can try all Soldiers and consists of a military judge, and four members (unless the accused chooses to be tried by a military judge alone, atrial counsel, and a defense counsel. The maximum sentence is a bad conduct discharge (BCD), confinement for twelvemonths, forfeiture of two-thirds pay per month for twelvemonths, and reduction to the lowest enlisted grade. (See MCM, R.C.M. f B) If a BCD is adjudged, the accused has aright to an automatic appeal to the Army Court of Criminal Appeals. Under the Military Justice Act (MJA) of 2016 which took effect on 1 January 2019, a Convening Authority may send a Soldier to anew SPCM. This SPCM under Art 16(c)(2)(A) has certain limitations. No punitive discharge is authorized, confinement cannot exceed six months, and there cannot be a forfeiture of pay to exceed six months. c. General Court-Martial A general court-martial (GCM) tries cases overall Soldiers for the most serious offenses. It consists of a military judge, eight members (unless the accused elects to be tried by a military judge alone, atrial counsel, and a defense counsel. Unless waived by the accused, a formal preliminary hearing (an Article 32” hearing) must occur before a general court-martial may Return to Table of Contents 10 try the case. The GCM may adjudge the most severe sentences authorized bylaw, including the death penalty. d. Typical Army Court-Martial Process The following is a diagram of atypical court-martial process. The process for some courts- martial may differ in some respects from the diagram, but ordinarily a court-martial follows the process below. Note that while all three types of courts-martial are depicted on the diagram, an accused Soldier will only be tried by the one type of court convened in his case. Return to Table of Contents 11 This chapter provides an OVERVIEW of the considerations and decisions that need to be made by the Commander from the time he/she learns of misconduct through a decision on how the situation will be resolved. Many of the areas are discussed in more detail in later chapters of the Guide. Cross-references are provided in that instance. Your servicing Judge Advocate is always available to talk through these options with you. You should consult with them early and often as you think through these options. Download 4.49 Mb. Share with your friends:
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