How is a court-martial case initiated?

A court-martial case is initiated when a service member is accused of committing a violation of the Uniform Code of Military Justice (UCMJ) by their commander or other assigned authority. This authority could range from a commanding officer to a military lawyer or a judge advocate general (JAG) lawyer. A court-martial can be initiated at any time during a service member’s career and is not limited to just active-duty military personnel. When a court-martial is initiated, the service member will be presented with an official charge sheet containing the charges against them. The service member has a right to know the charges being made against them and to review any other documents related to the case. After reviewing the charge sheet, the service member can enter a plea of guilty or not guilty. If the service member pleads not guilty, the court-martial will then proceed with a hearing to decide guilt or innocence. During this hearing, the service member will have the opportunity to call witnesses, present evidence, cross-examine witnesses, and make closing arguments. The Uniform Code of Military Justice outlines the various rules and regulations to be followed during a court-martial hearing. If the service member is found guilty of the charges, they will receive a sentence that is handed down by a tribunal of service members, generally consisting of three or more officers with rank equal to or higher than the service member accused of the violation. Depending on the severity of the crime, the sentence can range from a dishonorable discharge, reduction in rank, pay forfeiture, or confinement.

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How is a court-martial case initiated?

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