1. Naval Science 402 Leadership and Ethics Lesson 19 Courts Martial

2. Objectives  Comprehend junior officer responsibilities relative to the military justice system and the courts-martial process.  Know the three types of courts-martial.  Know the maximum punishments allowed by each level of courts-martial.

3. Types of Courts-martial.  Summary (SCM)  Special (SPCM)  General (GCM)

4. Jurisdiction (Offense/scope Classification)  Summary (SCM) –Minor Offenses, Voluntary, Enlisted Only  Special (SPCM) –Non-Capital Crimes or Capital Crimes –Where sentence does not exceed punishment limitations  General (GCM) –Non-Capital Crimes –Capital Crimes

5. Convening Authority  Summary (SCM) –All below plus Officers in Charge  Special (SPCM) –COs of battalions/squadrons –Commanders/COs of Navy Units/activities –Commanders whose subordinates have SPCM authority  General (GCM) –Flag/General Officers (and superiors)

6. Composition  Summary (SCM) –Summary Court Officer (Commissioned Officer, O-3 or above, same armed force)  Special (SPCM) –Military Judge, Trial and Defense Counsels, Minimum 3 members –Accused may request trial by MJ alone

7. Composition  General (GCM) –Military Judge, Trial and Defense Counsels, Minimum 5 members –Accused may request trial by MJ alone in non-capital cases

8. Procedures/Authority  Summary (SCM) –Accused may refuse SCM –Standard of Proof: Beyond Reasonable Doubt (BRD)  Special (SPCM) –Standard of Proof: BRD; 2/3 majority

9. Procedures/Authority  General (GCM) –Includes an Article 32 Hearing –Standard of Proof: BRD; 2/3 Majority (3/4 for confinement > 10 yrs; unanimous for death)

10. Article 32 Investigation  Similar to a Grand Jury  No GCM Until an Article 32 Investigation Has Been Completed and Resolves: –Truth to the Charges –Consideration of the Form of the Charges –Recommended Disposition  Accused Advised of Rights  Other Charges May Be Added If Discovered

11. Maximum Punishment Summary Court  Confinement –30 days  Reduction in Rate –E-4 and below: to E-1 –E-5 and below: one pay-grade  Forfeitures –2/3 Pay per month for 1 month

12. Maximum Punishment Special Court (Enlisted)  Confinement –Confinement at Hard Labor for 6 months or –lesser of maximum permissible for offense  Reduction in Rate –Reduction to E-1  Forfeitures –2/3 Pay per month for 6 months  Other –Bad Conduct Discharge (BCD)

13. Maximum Punishment Special Court (Officer)  Confinement –Restriction for 60 days  Reduction in Rate –Loss of Lineal Numbers  Forfeitures –2/3 Pay per month for 6 months

14. Maximum Punishment General Court (Enlisted)  Confinement –Maximum Permissible to Life  Reduction in Rate –to E-1  Forfeitures –Total  Other –Dishonorable Discharge (DD) –Death

15. Maximum Punishment General Court (Officer)  Confinement –Maximum Permissible to Life  Reduction in Rate –Loss of Lineal Numbers  Forfeitures –Total  Other –Dismissal –Death

16. Questions ???