How is a court-martial different from a criminal trial?

A court-martial is a special type of military legal proceeding that is used to try military personnel for violations of the Uniform Code of Military Justice (UCMJ), which is a separate body of criminal law from civilian criminal law. Whereas a criminal trial is held in a civilian court of law with a jury of citizens, a court-martial is a tribunal held in either a military or civilian court and typically presided over by commissioned or non-commissioned officers. The court-martial is uniquely different from a criminal trial in several key aspects. First, the court-martial has jurisdiction only over members of the military, and any violation of the UCMJ is tried as a separate and distinct crime, separate from any civilian criminal charge. Second, the court-martial imposes harsher punishments than what would be imposed in a civilian court, since military law is designed to be a deterrent for military personnel to follow the law and maintain military discipline. The punishments, however, are in compliance with the varying degrees of severity for each offense according to military regulations. Moreover, mitigation or extenuating circumstances are given significant consideration in a court-martial. This means that if the accused can prove that the offense was committed under orders of a superior, or for other extenuating reasons, the court will take that into account when determining the outcome of the court-martial. Lastly, court-martials are conducted under a much tighter set of rules than civilian criminal trials, with less opportunities for the accused to challenge evidence and other proceedings.

Related FAQs

What is the rule against hearsay?
What is the difference between a court martial and a summary court-martial?
How are witnesses examined in a court-martial?
What is the difference between a general court-martial and a special court-martial?
What is a non-judicial punishment (NJP)?
What is the Uniform Code of Military Justice (UCMJ) Article 120?
What is the Military Rules of Evidence (MRE)?
What is the difference between the military justice system and the civilian justice system?
What is the difference between a court-martial and a board of inquiry?
What is the Military Rules of Evidence (MRE) 608?

How is a court-martial different from a criminal trial?

Related FAQs

Related Blog Posts