What is the difference between a summary court-martial and a general court-martial?
In Washington, military law distinguishes between two types of court-martials: summary court-martials and general court-martials. Summary court-martials are held by one commissioned officer, while general court-martials are presided over by five commissioned officers. Summary court-martials are reserved for less serious offenses; they are quicker and simpler than general court-martials, and the maximum punishment that can be imposed is a reduction in rank, one month’s confinement, and/or a fine of up to $500. Not all military members are subject to summary court-martial, as enlisted personnel with the rank of E-5 and E-6 and above cannot be tried by this type of court-martial. In contrast, general court-martials are reserved for more serious offenses and are more complex. This type of court-martial is composed of at least five officers and can impose punishments of up to death, dishonorable discharge, and/or life imprisonment. General court-martials have the power to try any military member for any offense. It is important to note that military members in Washington have the right to demand trial by general court-martial if they are charged with an offense that is punishable by death or dishonorable discharge. Furthermore, the accused may choose to have a military judge instead of a jury to hear the case. In either type of court-martial, there are also rights to appeals.
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