Civilian lawyers can represent military personnel in a court martial. However, that defense lawyer should be familiar with the Uniform Code of Military Justice or UCMJ because the accused needs a strong court martial defense in Manhattan, KS. Interested persons can learn more about the similarities and differences between civilian and military courts.
What Is a Court Martial?
A court martial is very much like a trial in civilian court. The judge is usually a military judge and the jury is made up of military officers. There are three types of court martial.
A summary court martial decides matters involving minor misconduct. The judge is usually a military attorney and the accused must consent to the proceeding.
A special court martial involves more serious matters. A military judge presides and the jury includes at least three officers. If the accused is an enlisted service person, they may request that enlisted service persons make up a third of the jury. Moreover, the accused may ask the judge to hear the matter without a jury, just like defendants in civilian court, who also have the right to request a trial without a judge.
A general court martial is the highest court in the military system. Only the most serious charges are heard here. A military judge presides and at least five officers make up the jury. Death is the maximum sentence allowed. The accused may also request that the case be heard by the Judge alone.
Uniformed Services Subject to Court Martial
A court martial has personal jurisdiction over members of the Army, Air Force, Navy, Marines and Coast Guard. Further, the NOAA Commissioned Officer Corps and Public Health Service Commissioned Corps are also included. A court martial hears serious charges including murder, rape, drugs and other high-profile matters. A court martial may take place anywhere it’s needed.
The Investigation
The accused’s commanding officer is responsible for investigating the charges. After the investigation, the commander may dismiss the charges. Furthermore, they can handle the case non-judicially or prefer the charges. Preferred charges initiate the court martial process. Anyone who needs court martial defense in Manhattan, KS should visit. You can also follow them on Twitter for latest news and update!
