What is the difference between a summary court-martial and a special court-martial?

Military law in Utah is similar to that of the United States Armed Forces as a whole. Within the military justice system, there are two distinct types of court-martial proceedings - a summary court-martial and a special court-martial. A summary court-martial is a simpler and less formal type of court-martial meant to address minor crimes for officers and enlisted personnel. The accused is presented with the charges and has the opportunity to plead guilty or not guilty. The presiding officer for a summary court-martial is usually a commanding officer and there is no right to legal counsel or appeal. A special court-martial is a more serious criminal proceeding and can be compared to a civilian misdemeanor trial. The accused has the right to be represented by military counsel and is afforded a more formal trial process. The accused has the right to introduce evidence, witnesses can be called, and the ruling must be unanimous by the minimum of three court members. In a special court-martial, the accused can appeal the decision to a higher authority. Overall, the primary differences between a summary court-martial and a special court-martial are the seriousness of the crime, the procedural rights of the accused, the formality of the trial process, and the right to appeal the decision.

Related FAQs

How does the military handle cases involving drug misuse?
What is an Article 134 offense?
How does the military handle cases involving adultery?
What is the Military Rules of Evidence (MRE)?
What is the difference between a general court-martial and a special court-martial?
What is the Military Rules of Evidence (MRE) 613?
What is an Article 15 offense?
What is the UCMJ Article 39?
What is the Uniform Code of Military Justice (UCMJ) Article 15?
How does the Sixth Amendment apply to court-martial proceedings?

What is the difference between a summary court-martial and a special court-martial?

Related FAQs

Related Blog Posts