Who Can Be Tried by a Court Martial?

A court martial is a judicial body within the military that tries members of the armed forces for breaches of military law. It is part of the military justice system and is distinct from civilian legal systems. The purpose of a court martial is to maintain discipline, order, and morale within the armed forces by ensuring that service members follow the regulations and codes of conduct established for military service.

Who Can Be Tried by a Court Martial?

Active Duty Service Members:

The primary group eligible for a court martial consists of active duty service members. This includes soldiers, sailors, airmen, marines, and other military personnel who are currently serving in the armed forces. They can be tried for any offense that violates military regulations, the Uniform Code of Military Justice (UCMJ), or other laws governing military conduct. Some common offenses include:

• Desertion
• Mutiny
• Insubordination
• Theft or fraud
• Assault or abuse
• Alcohol or drug abuse

Reservists and National Guard Members:

Reservists and National Guard members are also subject to court martial when they are on active duty or under federal jurisdiction. Although they primarily serve as part-time military personnel, when activated or during their service periods, they fall under military law. They can be tried by a court martial for crimes committed during their active duty or in relation to their military service.

Military Veterans:

Military veterans, although no longer actively serving, may still be tried by a court martial if they committed offenses during their service or if their conduct falls under specific military jurisdiction (such as violations of the law committed while on military property or in connection with their service). However, veterans who are no longer in active service are generally not subject to military justice once they leave the armed forces.

Civilians under Military Jurisdiction:

Civilians are typically not subject to court martial, but there are specific circumstances where they can be tried. These include:

• Military Contractors: Civilians who work as military contractors or who are embedded with the military in operational zones may fall under military jurisdiction. They may be tried by court martial for offenses committed while working in military contexts.
• Military Dependents: In some rare cases, military dependents (family members) might fall under military jurisdiction, particularly if they are in a foreign country or on a military base where the local civilian laws are superseded by military law.
• Foreign Nationals: Foreign nationals who are serving in military capacities with U.S. forces (for example, foreign military members) can be subject to court martial under specific agreements between nations.

Types of Offenses Leading to Court Martial:

Crimes Committed in the Line of Duty:

Military personnel are held to higher standards than civilians because their actions often affect not just themselves but the functioning of the military unit or national security. Crimes such as espionage, desertion, or conduct unbecoming a service member can be serious offenses that warrant a court martial.

Failure to Obey Orders:

Military discipline relies heavily on the chain of command, and refusing or failing to obey lawful orders is a punishable offense. Service members who refuse to follow orders from a superior officer or disobey military directives may face court martial proceedings.

Crimes Involving Dishonorable Acts:

Offenses such as theft, physical assault, sexual harassment, or using illegal substances can result in a court martial. Violent crimes, such as murder or assault, committed while on active duty, would likely lead to a court martial as well.

Desertion and AWOL (Absent Without Leave):

Desertion or going AWOL is a significant offense under military law. Service members who leave their unit or fail to return to their post without official leave can be court-martialed. Desertion in times of war can carry the harshest penalties, including imprisonment or even death in extreme cases.

Legal Procedures and Types of Court Martial:

Summary Court Martial:

This is the least severe type of court martial, typically used for minor offenses. It involves a single officer who acts as judge, jury, and prosecutor. Punishments may include reduction in rank, confinement, or forfeiture of pay.

Special Court Martial:

This is a mid-level court martial, usually presided over by a panel of military officers. It is used for more serious offenses but generally less severe than those tried in a General Court Martial. Punishments can range from confinement to dishonorable discharge or forfeiture of pay.

General Court Martial:

This is the most severe type of court martial and is used for the most serious offenses, such as murder, espionage, or rape. A panel of officers, or sometimes a judge, presides over the proceedings, and punishments may include long-term imprisonment, dishonorable discharge, or the death penalty in extreme cases.

Example:

A soldier stationed at an overseas base is found to be under the influence of alcohol while on duty, and as a result, they fail to follow a direct order from a commanding officer. This violation of military law may result in a court martial. Depending on the severity of the offense, the soldier could face a summary or special court martial, with punishments ranging from extra duties to a reduction in rank or even a dishonorable discharge.