What is a court-martial arraignment?

A court-martial arraignment is an important part of military law in California that sets the formal process in motion when a service member has been accused of a crime. It is the point in the process when the charges are formally read to the accused, and the military judge determines whether the charges are valid. At the arraignment, the accused service member has the right to understand the charges against them, and the right to enter a plea. During the arraignment, the accused service member can opt to plead neither guilty nor innocent. This plea is referred to as a “plea of nolo contendere”, which means “no contest”. It is not an admission of guilt, but rather an acknowledgement that the accused does not wish to contest the charges. In a court-martial arraignment, the accused can also enter a plea of innocent. The accused then has the right to a trial by court-martial. This trial is the same as a civilian criminal trial, and is presided over by a Judge Advocate General (JAG), who serves as a military judge. The accused also has the right to have a lawyer present during the proceedings, as well as the right to cross-examine witnesses in their defense. At the end of the court-martial arraignment, the Judge Advocate General makes a determination as to whether the case should move forward to a court-martial trial, or be dismissed for lack of evidence or other reasons.

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