How does the appeals process for a court-martial work?

In Virginia, the appeals process for court-martial convictions can be complex. If a service member is found guilty of a crime during a court-martial, they have the right to appeal the decision to a higher court. The first level of appeals is to the Court of Criminal Appeals, which is made up of three military officers with several years of experience in the military justice system. A service member may appeal the decision of the Court of Criminal Appeals to the Court of Appeals for the Armed Forces (CAAF). The CAAF is the highest military appellate court and is made up of five members who are appointed and serve for life. The CAAF hears appeals from members of all branches of the armed services and makes decisions regarding appeals of court-martial convictions. The CAAF can affirm or reverse the decision of the court-martial and can also modify the sentence or order a new trial. In addition, if a service member has been found guilty by a court-martial, they can submit a petition for a clemency to the Secretary of Defense or the President of the United States. The petition must be made in writing and the service member must explain why they feel the conviction should be overturned or the sentence reduced. If approved, the Secretary of Defense or President may set aside the sentence or reduce it. Although the appeals process for court-martial convictions can be complex, there are multiple ways for a service member to challenge their conviction and potentially have it overturned or the sentence reduced.

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