Legal Question in Military Law in Virginia

Re: Court Martial

Yes. The two are very much the same. The differences are mainly cosmetic: all the participants are military members in uniform (unless the defense attorney is a civilian). The jury or "panel" need have only 3 members for a special court-martial (misdemeanor prosecution) and 5 for a general court-martial (felony prosecution), rather than the civilian requirement for 12. For more information, check my website at www.militaryjudges.com

Re: Court Martial

No - not really - however, you can have outside legal counsel.

Each military service supplements the MCM to meet its individual needs. The Army has ArmyRegulation 27-10; the Navy and Marine Corps have the Manual for the Judge Advocate General;and the Air Force has Air Force Instructions.

There are threee types

1-Summary Courts-Martial. Minor offenses by enlisted servicemembers- maximum punishments of thirty days confinement, hard labor without confinement for 45 days,restriction to specified limits for 45 days, forfeiture of two-thirds pay per month for one month, and reduction to the lowest pay grade.

2- A general court-martial - most serious offenses. It is composed of a military judge or five members and a military judge- wide range of punishments - confinement, reprimand, forfeitures of up to all pay and allowances, reduction to the lowest enlisted paygrade, punitive discharge (bad conduct discharge, dishonorable discharge ordismissal), restriction, fines and, for certain offenses, death.

Members in the military justice system are the equivalent of jurors and are generally composedof officers from the accused�s command.

The accused has the right to choose the composition of the court-martial or whether he or she chooses to be tried by a military judge alone, a military judge and members or a panel of members. Enlisted servicemembers have the choice to request that the member�s panel include enlisted members.

The accused is entitled to an appointed military attorney or a military counsel of his or her selection, or the accused can hire a civilian counsel at no expense to the government.

There is a lot involved here - it is NOT very much like the civillian process. Feel free to contact Daniel Grubb or myself, we are both Officers in the Army National Guard and familiar with the process.

Disclaimer:Any information or response to an your inquiry should not be relied upon and is not legal advice, unless such information or response explicitly states it may be relied upon and further explicitly states Dunlap & Grubb has agreed to enter into an attorney client relationship with you. For information please call 703-777-7319.

Court Martial--similarities and differences

A court-martial is much like a civilian sector criminal trial with several key differences. To start with, the pool of court-members (jurors) is randomly selected by the convening authority (usually a 2 star general or 2 star admiral) who convenes the court-martial.

There is then a voir dire (jury selection) like in the civilian sector. However, whereas in many state criminal trials, the sides may be able to challenge a juror for any reason, a good number of times, to get him off the jury, there is only one such preemptory challenge in the military.

Additionally, jurors are comprised of either all officer members, or, if the accused is enlisted, up to 1/3 enlisted members who do not come from the accused's unit, and who outrank the accused.

The most important difference is that while the burden of proof remains, "beyond a reasonable doubt," the verdict need not be unanimous to convict or acquit. A two-thirds majority can be enough.

Additionally, if an accused decides to go with a court-member panel, if the accused is convicted, sentencing follows immediately thereafter--AND THE COURT MEMBERS DECIDE THE SENTENCE.

Lastly, the military does not have bail, nor does it have probation.

All else is pretty much the same, aside from the fact that there is no requirement for 12 jurors.

For additional information, feel free to research me at www.courtmartialbrand.com or call me at 512-259-7324.

Sincerely Yours,

Steven Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.