Myles S. Breiner - Attorney At Law - A Law Corporation, Inc.
Schedule your free initial consultation
808-526-3426

Summary, General and Special Courts-Martial: How Serious Are They?

A court-martial is a military court that tries cases involving military offenses. The Uniform Code of Military Justice (UCMJ) establishes three forms of courts-martial, which differ in their composition and the penalties they can impose. 

As in other criminal courts, an accused individual must be proven guilty beyond a reasonable doubt. The three types of courts-martial are:

  • Summary Court-Martial. A summary court-martial consists of one commissioned officer and tries only noncapital offenses. In this court-martial, the right to an attorney is not guaranteed. Available punishments, which depend on the grade of the accused individual, are less severe than in the other two courts-martial. For example, a sentence of confinement cannot be longer than one month and the maximum duration of hard labor is 45 days.
  • Special Court-Martial. A special court-martial is composed of three members and a military judge unless the accused requests trial by military judge alone. A special court-martial is akin to a misdemeanor court. The punishments that may be imposed in the special courts-martial are limited, but are more severe than those that may be imposed by summary courts-martial. For example, maximum confinement is one year and hard labor cannot be imposed for more than three months.
  • General Court-Martial. A general court-martial is akin to a felony court and is composed of five members and a military judge. As with a special court-martial, an accused may request to be tried by only a military judge. A general court-martial is by far the most serious of the three since it may impose any punishment not prohibited by the UCMJ, including death.

If you may be tried in a court-martial for any type of military offense, consult a knowledgeable criminal defense attorney who can provide you with assertive and diligent representation in these unique cases.

No Comments

Leave a comment
Comment Information

Legal Associations

  • HSBA Hawaii State Bar Association
  • Judiciary State Of Hawaii
  • Rated by Super Lawyers Myles S. Breiner SuperLawyers.com
  • United States District Court, Northern District of California
Email Us For a Response

Need A Lawyer ?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

841 Bishop Street
Suite 2115
Honolulu, HI 96813

Phone: 808-526-3426
Fax: 808-521-7680
Map & Directions

Office Number