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

In Utah, military law outlines two types of court-martials: general and special court-martials. Both types of court-martials involve a trial in which the defendant is found guilty or not guilty of violating a law or regulation of the armed forces. A general court-martial is a military trial involving a defendant accused of committing a serious offense. This type of court-martial is reserved for the most serious offenses such as sexual assault, drug offenses, murder, and other major crimes. These trials are presided over by a military judge and at least five panel members. The judge is an independent third party that decides the guilt or innocence of the accused; the panel members are the jurors. A special court-martial is used for less serious offenses, such as violations of military regulations or lesser criminal offenses. A special court-martial is presided over by a military judge and three panel members, and the sentences imposed are usually less severe than those of a general court-martial. The major difference between a general court-martial and a special court-martial is the severity of the trial. A general court-martial means a more serious offense was committed and that a more severe sentence will be imposed if the accused is found guilty. A special court-martial means the offense is not as serious, and the sentence will be less severe if the accused is found guilty.

Related FAQs

What is the Miranda warning in a court-martial?
What is the UCMJ Article 32?
What is the Uniform Code of Military Justice (UCMJ) Article 7?
What is the difference between a general court-martial and a special court-martial?
What is the burden of proof required for a conviction in a court-martial?
What is the difference between a court-martial and a board of inquiry?
What is the difference between a summary court-martial and a general court-martial?
How does the chain of command factor into a court-martial?
What are the rights of an accused in a court-martial?
What is the Military Rules of Evidence (MRE)?

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

Related FAQs

Related Blog Posts