Module 1 – Naval Knowledge Unit 3 - Military Law Chapter 2 – Discipline and Punishment Section 3 – Review of Courts-Martial

Demonstrate an understanding of military justice and how it relates to the Navy

Explain the method for reviewing courts-martial Describe the relationship between civil jurisdiction and military justice Cite the methods used for disciplinary separations from the service

CPS Key Term Questions 1 - 2

Administrative separation - A non-punitive discharge prior to completion of an enlistment Bad conduct discharge - A discharge from one of the armed services issued from a court-martial after conviction for an offense less serious than one leading to a dishonorable discharge

Describe the differences between a court-martial and nonjudicial punishment.

CPS Lesson Questions 1 - 2

Review of Courts-Martial Higher authorities automatically review court records of any court-martial to make sure: Trial court acted correctly Accused was NOT denied any rights Sentence was NOT illegal or too severe

Review of Courts-Martial Higher authority review may: Approve or disapprove the findings and sentence Change the findings and/or sentence Reduce or suspend the sentence Change the sentence, but not increase the severity of punishment When a trial results in an acquittal, the convening authority may not change it or send the case back for retrial

Review of Courts-Martial Review in a military court is similar to an appeal in a civilian court to a higher court. Reviews of court-martial are provided automatically. A civilian offender is not automatically granted an appeal.

Review of Courts-Martial The convening authority may, after careful review: Approve or disapprove the findings and sentence, or any part of them Direct a rehearing If a trial results in acquittal, the convening authority may not change it or send the case back for retrial.

Review of Courts-Martial In the case of a summary or special court-martial, the convening authority forwards the record to the next superior with general court-martial jurisdiction for review.

Review of Courts-Martial If an error is found, the senior may: Call a rehearing Set aside in whole or in part findings of guilty and the sentence Mitigate and suspend any part of an unexecuted portion of the sentence

Review of Courts-Martial The findings of any court-martial that awards a bad conduct discharge must be sent to the Office of the Judge Advocate General (JAG) of the Navy.

Review of Courts-Martial The Court of Military Review consists of a three-judge appellate review panel reviews all cases: Affecting flag officers Imposing the death penalty Dismissing an officer Imposing a dishonorable or bad conduct discharge Imposing confinement for a year or more

Review of Courts-Martial The Court of Military Review may: Reduce the sentence to a lesser penalty Set aside the entire findings and sentence Order a rehearing Dismiss the charges

Review of Courts-Martial The Court of Military Appeals is higher than the Court of Military Review and is the “supreme court” of military justice. The court is composed of three civilian judges appointed by the President and confirmed by the Senate.

Review of Courts-Martial The accused has the right to petition the Court of Military Appeals, but appeals are not automatic.

3 - 4

Civil Jurisdiction Naval personnel are subject to civil courts when a crime is committed within a civil jurisdiction. Civil authorities may hold a military member.

Civil Jurisdiction Military members who are charged and held by civil authorities often have military charges filed against them, like unauthorized absence. Other military charges may also be filed, depending upon the circumstances.

Civil Jurisdiction If the accused is found guilty and detailed, the entire period of absence is considered as lost time for pay purposes, and that period is charged as unexcused absence.

5 - 6

Separations from the Service Types of discharges from military service by court-martial: • Bad conduct - by either a special or general court-martial • Dishonorable - only by a general court-martial

Separations from the Service Officers may have their commission revoked prior to the time they complete three continuous years of commissioned service. This may be for disciplinary reasons or for other needs of the naval service.

Separations from the Service Navy officers who hold permanent commissions may be discharged prior to completion of 20 years service if performance is unsatisfactory.

Separations from the Service The “character” of the discharge from the naval service is important.

Separations from the Service The conditions of discharge and separation may be: Under honorable conditions Under conditions other than honorable

Separations from the Service The type of discharge affects veterans’ benefits such as: G.I. Bill education Job preference Pensions REMEMBER: the “character” of a discharge could affect entry into the civilian work force or school

Separations from the Service Causes of administrative “undesirable” separations include: Incompatibility with service life Performance below standards Financial irresponsibility Immoral conduct Abnormal social behavior

Discuss the purpose and process of the review of courts- martial.

CPS Lesson Questions 7 - 8