- What is a General Court-Martial?
- Composition of the Court-Martial Panel (Jury)
- Trial Procedures in a General Court-Martial
- General Court-Martial Statistics and Context
- Will You Have a Jury During a General Court Martial?
- Will Your Jury be Comprised of Military Members?
What is a General Court-Martial?
A general court-martial is the most serious level of military court, reserved for trying the most serious offenses under the Uniform Code of Military Justice (UCMJ). It differs from other types of court-martials, such as summary and special courts-martial, in the range of punishments it can impose, and the procedural protections afforded to the accused.
A general court-martial is typically convened for offenses punishable by confinement for more than one year, dishonorable discharge, or capital punishment. These offenses can include serious crimes like murder, sexual assault, desertion, and drug offenses. The decision to convene a general court-martial is made by the convening authority, typically at the general officer level, after considering the recommendations of legal advisors and the evidence presented.
Composition of the Court-Martial Panel (Jury)
In a general court-martial, the accused has the right to be tried by a panel of members, often referred to as the “jury.” This panel is composed of officers and enlisted personnel from the military.
Panel members must be of equal or higher rank than the accused, ensuring that no one of a lower rank is sitting in judgment. The selection process involves screening potential panel members for any conflicts of interest, or biases, that could affect their impartiality.
Both the prosecution and defense have the opportunity to challenge and dismiss potential panel members through a process called “voir dire,” similar to civilian jury selection. A general court-martial typically requires a panel of at least eight members.
Trial Procedures in a General Court-Martial
The trial proceedings in a general court-martial, after panel selection, follow a structured order:
1. Opening statements from the prosecution and defense.
2. Presentation of evidence and witness testimony by the prosecution.
3. Presentation of evidence and witness testimony by the defense (if any).
4. Closing arguments from both sides.
The rules of evidence in a general court-martial are similar to those in civilian courts, with some exceptions specific to the military justice system. For example, certain rules may apply to the admissibility of evidence related to national security or classified information.
After the closing arguments, the panel members deliberate and vote on the guilt or innocence of the accused. In a general court-martial, a three-fourths (75%) majority vote is required for a conviction, rather than a unanimous decision.
General Court-Martial Statistics and Context
According to the U.S. Court of Appeals for the Armed Forces, there were 464 general court-martial trials across all military branches in fiscal year 2021. This number has been declining in recent years, with 629 trials in 2018 and 551 in 2019.
In recent years, there have been efforts to reform the military justice system, including changes to the rules regarding the prosecution of sexual assault cases and the introduction of new sentencing guidelines.
Interviewer: What happens if the case goes to a general court-martial? How long does it take to reach a resolution?
Chris: If charges are referred and you go to a general court-martial, and you make a decision whether or not to have a panel of members or to go with a military judge and you just go to trial.
Will You Have a Jury During a General Court Martial?
Interviewer: It’s just one step and it’s a trial. Then, are these trials jury trials or are they different from normal civilian trials?
Chris: They are jury trials. The difference is, depending on whether you have a special or a general court-martial, it doesn’t have to be unanimous to convict and there is no such thing as a hung jury. There aren’t retrials.
Will Your Jury be Comprised of Military Members?
Interviewer: Who are the jurors? Are they military members?
Chris: They’re military members and they have to be the same rank as you, have to be senior to you in rank or greater. You can’t have somebody who is lower ranking than you.
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