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

In Virginia, a military court-martial is a judicial process used to try active duty military personnel facing criminal charges under the Uniform Code of Military Justice (UCMJ). There are two types of military court-martials that can be imposed in Virginia — a general court-martial and a special court-martial. A general court martial is the most serious type of court-martial, and it is composed of a military judge, trial counsel, defense counsel and a minimum of five members who are usually officers in the military. The accused has the right to a military attorney to represent them. This type of court-martial can award the most severe punishments, including death. A special court-martial is a less serious type of court-martial and is composed of a military judge, a trial counsel and a defense counsel. However, the defense counsel can be a civilian attorney, and no members are required. Special court-martials are similar to civilian misdemeanor cases, where it has the power to sentence up to one-year confinement, reduction in rank and a bad-conduct discharge. Overall, the main difference between a general court-martial and a special court-martial is the severity of the punishment they can award. A general court-martial can award the most serious punishments of up to the death penalty, while a special court-martial can only award lesser punishments such as confinement and a bad-conduct discharge.

Related FAQs

What is the role of an Army JAG lawyer?
What is the purpose of a military court-martial?
What is an adjudicative authority?
What is the purpose of the Code of Conduct?
What is the UCMJ Article 138?
Are confessions admissible as evidence in a court-martial?
What is the difference between the military justice system and the civilian justice system?
What is the Uniform Code of Military Justice (UCMJ)?
What is the Military Rules of Evidence (MRE) 603?
How does the chain of command factor into a court-martial?

Related Blog Posts

Military Law – What You Need to Know - July 31, 2023
Understanding the Different Types of Military Law - August 7, 2023
Navigating Military Courts and Procedures - August 14, 2023
A Guide to Military Service Member Rights - August 21, 2023
Understanding Military Court Martial Laws - August 28, 2023