How is a court-martial case initiated?
In Tennessee, a court-martial case is initiated when a commanding officer or other authority with court-martial convening authority signs off on a charge sheet. The charge sheet outlines the alleged offenses and the accused’s name. Once the charge sheet is initiated, the convening authority will appoint a court-martial panel. This panel is made up of officers of the military branch who are responsible for considering the evidence presented and deciding a sentence. The court-martial panel is then responsible for meeting with the accused to discuss the charges and provide them the opportunity to make a plea. If the accused pleads guilty, the case can move forward without a trial. However, if the accused pleads not guilty, then the court-martial is responsible for meeting with the prosecutor to discuss the evidence and witnesses, and to decide whether a trial is necessary. Once the court-martial is satisfied that there is sufficient evidence to justify a trial, it will be set. A military judge will be assigned to oversee the trial and will preside over the court-martial proceedings. Evidence will be presented and witnesses will be called. The court-martial panel will then consider the evidence and make a decision as to whether the accused is guilty or not guilty. If the accused is found guilty, the court-martial panel will then determine a sentence according to the Uniform Code of Military Justice. The sentence could range from dismissal of the charges to a dishonorable discharge depending on the severity of the crime.
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