What is the difference between a summary court-martial and a special court-martial?
In Pennsylvania, military law is governed by the Uniform Code of Military Justice (UCMJ). In the UCMJ there are two types of court-martials – summary and special. A summary court-martial is the more lenient of the two and is used to address minor offenses or infractions. Typically, a summary court-martial is presided over by a single military officer and no other persons are present. The defendant is usually found guilty and receives a punishment, which can include a reduction in rank, forfeiture of pay, or confinement. The proceedings of a summary court-martial are usually very brief and informal, and there is no right to appeal the decision. A special court-martial is the more serious of the two and is used to address more serious offenses that may be punishable by significant punishments, such as dishonorable discharge or confinement for more than one year. In a special court-martial, the defendant has the right to a panel of at least three officers and one military lawyer, which gives the defendant more protections and legitimacy than a summary court-martial. A special court-martial also allows for the possibility of appeal, providing the defendant with an opportunity to challenge the court-martial proceedings. In conclusion, summary court-martials are more commonly used for minor offenses and are usually presided over by a single officer. Summary court-martials do not have any right to appeal the decision and the proceedings are brief and informal. Special court-martials are more serious and provide the defendant with more rights and protections, including the right to a lawyer and the possibility to appeal.
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