What is the difference between a court martial and a summary court-martial?

A court martial and a summary court-martial are two different types of military court proceedings used to decide on a service members guilt or innocence if they are accused of breaking the Uniform Code of Military Justice (UCMJ). A court martial is a more formal court proceeding conducted by a panel of usually five officers. Court martial proceedings are similar to civilian trials and include the same elements, such as a defense team, prosecutors, and a judge advocate who serves as the trial judge. The court martial must abide by the strict rules of evidence, including allowing the defense to call witnesses and present evidence. A summary court-martial is a less formal type of court proceeding used to quickly resolve minor offenses. Summary court-martial proceedings are conducted by only one officer, rather than a panel. It is not necessary to present formal evidence before the court and prosecutors can present evidence by simply reading affidavits or statements of witnesses. Additionally, the accused may not have an attorney present and the proceedings must be completed quickly—usually within five days. Both types of proceedings can lead to fines or confinement, but the court martial typically leads to more serious punishments. A summary court-martial can only impose a maximum punishment of 30 days confinement, whereas a court martial may impose much more serious penalties, such as lengthy jail sentences or even death.

Related FAQs

How is a court-martial different from a criminal trial?
What is the UCMJ Article 120?
Who has the authority to convene a court-martial?
What is the maximum punishment for an Article 107 offense?
What is a motion for mistrial in a court-martial?
What is the difference between the Trial by Court-Martial (TCM) and the Summary Court-Martial (SCM)?
What is the Uniform Code of Military Justice (UCMJ) Article 31?
How are witnesses examined in a court-martial?
What is the Military Rules of Evidence (MRE)?
What is the maximum punishment for an offense under the UCMJ?

What is the difference between a court martial and a summary court-martial?

Related FAQs

Related Blog Posts