What is a court-martial specification?

A court-martial specification is a legal term used in military law. It is a formal charge or allegations against an individual for committing crimes against the Uniform Code of Military Justice (UCMJ). In Tennessee, a court-martial is a judicial hearing convened by the court-martial convening authority, which is usually a commander or general. The court-martial then brings charges through the use of a written charge sheet, or “specification.” The specification is comprised of findings of misconduct as well as punishments for said misconduct. When a service member is charged with a court-martial specification, they are afforded the opportunity to respond to the charges and have representation either by an attorney or a regulation appointed by the court-martial. The service member is allowed to discuss the allegations with their attorney. The decision regarding guilt or innocence is made by a jury or by a judge if the service member waives their right to a jury. If the service member is found guilty, the court-martial has the power to impose punitive action against the accused, dependent upon the severity of the crime. Punishment can include restrictions, forfeiture of pay, incarceration for up to one year, or a dishonorable or bad conduct discharge. If the service member is found innocent, then they are exonerated of all charges and no further action is taken.

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