What are the two types of court-martial?

What are the two types of court-martial?

The two main kinds are a general court-martial and a special court-martial, which generally will translate into the civilian world as actual, real federal convictions. With a general court-martial, you will face the maximum potential punishment for whatever each individual charge will carry.

Can you be denied court-martial?

A military member, except under one circumstance, has the right to either accept NJP, or refuse NJP and demand trial by court-martial. The decision to refuse NJP and demand trial by court-martial is one that must be well thought out, and preferably under the advice of an experienced military criminal defense attorney.

Can I refuse captain’s mast?

Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain’s Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain’s Mast.

Can you refuse an NJP?

Except for individuals attached to or embarked on a vessel, service members have the right to refuse nonjudicial punishment. Usually, refusing an NJP will result in the case being moved to a court martial, which can result in a more serious sentence.

Can military personnel be called for jury duty?

A popular question among military members is whether or not they are required to perform jury duty. The quick answer is, yes and no. There is no law that prohibits military members from serving on jury duty, though some states automatically exempt military members from serving on a jury.

Who serves on court-martial jury?

A summary court martial consists of one commissioned officer who serves as judge and jury. It can hear cases only involving enlisted personnel for less serious offenses. The accused has the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent.