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.
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