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Special Court Martial

By Team MeaningKosh

A special court martial is a trial held by the military and is used to deal with serious offenses that have occurred within the military. A special court martial is presided over by an officer who is qualified to judge such matters. The proceedings are heard before a panel of officers, who determine guilt or innocence and also recommend a sentence, as applicable.

Table Of Content:

1. 10 U.S. Code § 819 - Art. 19. Jurisdiction of special courts-martial ...

https://www.law.cornell.edu/uscode/text/10/819
10 U.S. Code § 819 - Art. 19. Jurisdiction of special courts-martial ...Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, ...

2. Military Justice Overview - Victim and Witness Assistance Council

https://vwac.defense.gov/military.aspx
A special court-martial is an intermediate level composed of either a military judge alone, or at least three members and a judge.

8. Military Courts-Martial Under the Military Justice Act of 2016

https://crsreports.congress.gov/product/pdf/R/R46503
Aug 28, 2020 ... There are three types of courts-martial: (1) summary court-martial (for minor offenses), (2) special court-martial (for offenses tantamount ...

What types of cases are heard in a special court-martial?

Special courts-martial are reserved for hearing cases involving serious offenses punishable under the Uniform Code of Military Justice (UCMJ). The types of cases heard may include crimes such as desertion, disrespect toward superior officers, misconduct during combat, and sexual assault.

Who presides over a special court-martial?

A special court-martial must be presided over by at least one officer who holds judicial authority according to the UCMJ. During proceedings, the presiding officer will observe compliance with all rules of evidence and procedural regulations and ensure due process is provided to each side of the case.

What penalties may be imposed after conviction in a special court-martial?

After conviction in a special court-martial, the accused may be subject to various punishments depending on the nature and severity of their offense(s). Possible punishments may include fines, confinement or hard labor without confinement, forfeiture of pay or allowances, reduction in rank, or even death (in rare cases).

Conclusion:
The purpose of a special court martial is to fairly adjudicate any breaches of law within the military justice system. It is overseen by competent officers who are charged with maintaining order while ensuring that any person found guilty receives suitable punishment for their actions.

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