the Uniform Code of Military Justice, also known as UCMJ, is the primary legal code through which all internal military affairs of the United States are governed. It was created by an act of Congress in 1951 in order to establish identical systems of courts martial in all branches of the nation's armed forces. In addition to the Uniform Code of Military Justice, personnel are subject to the terms of the Constitution and individual state laws where applicable.
Court martial
The forum through which judicial cases are tried in the nation's armed forces is the court martial, the name given to a panel of military officers selected to serve similar capacities of a civilian jury. The Uniform Code of Military Justice outlines three distinct typed of courts martial.
General court martial
jurisdiction over crimes committed by commissioned officers, warrant officers and enlisted personnel
forum for most serious charges such as homicide or desertion
members present are defense counsel, prosecutor and judge
court martial comprised of 5 or more members, 1/3 may be enlisted if requested
maximum sentence is death by execution
Special court martial
jurisdiction over crimes committed by any person, including civilians, covered by military law at the time the crime was committed
forum for intermediate offenses such as harassment
members present are defense counsel, prosecutor and judge
court martial comprised of 3 or more members or tried by a judge alone
maximum sentence is 6 months confinement, forfeiture of pay, reduction in rank, bad conduct discharge
Summary court martial
jurisdiction over crimes committed by enlisted personnel only
forum for minor offenses such as petty theft
members present are defense counsel and prosecutor, no judge
court martial comprised of a single officer
maximum sentence is 1 month confinement, forefeiture of 2/3 pay, reduction in rank
can be refused, in which case matter is normally referred to a Special Court Martial
Appeals process
The Uniform Code of Military Justice provides several tiers of appeal. An initial appeal may be reviewed by the convening judge of a court martial. A second tier of appeal is the Court of Military Appeals, a five member civilian panel appointed by the President of the United States. Sentences involving dismissal, discharge or confinement of over a year is automatically sent to the Court of Military Appeals. Death sentences issued by a court martial are automatically sent to the President of the United States for appeal.
The assignment for duty of judgeadvocate of the Marine Corps shall be made by direction of the Commandant of the Marine Corps.
General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war.
If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence.
JudgeAdvocateGeneral's Corps, also known as JAG, is the judicial arm of the United States armed forces, consisting of autonomous departments in the Air Force, Army and Navy.
Officers of the corps are the chief members of the court martial and court of inquiry.
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