What type of offenses can be tried by a special court-martial?
In Virginia, special court-martials are used to try offenses which are most serious in nature. These offenses may include: serious assaults, larceny, wrongful appropriation, disobedience of a lawful order, desertion, self-injury and dangerous acts, any offense punishable by the Uniform Code of Military Justice, and any civil offense that has been declared punishable by Congress. In addition to these offenses, special court-martials may also be used to try cases involving espionage, mutiny, sedition, or any other crimes established by the President or Congress. The court-martials must still follow the structure, regulations, and rules as established by the Uniform Code of Military Justice. Special courts-martials are limited to certain punishments prescribed by law. Punishments can include a reprimand, arrest, confinement, forfeiture of pay, reduction of rank, a dishonorable discharge, or any combination of these punishments. The court-martials must always take into account the nature of the offense, the accused’s rank and history, and all other evidence presented during the trial. The accused has the right to be represented by a military defense counsel or a civilian defense counsel. The accused is also allowed to cross-examine witnesses, challenge evidence, present evidence, and make arguments before the court-martial. The accused also has the right to withdraw the charges at any time. If convicted, the accused may appeal the decision to a higher court.
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