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Court Martial Index

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70 questions
How to Choose and Work with a Military Defense Attorney

A service member facing a general or special court-martial does not start from zero on representation. The right to a fully qualified military defense lawyer, free of charge, is built...

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Financial Crimes and Fraud Under the UCMJ

A service member who pads a travel voucher, keeps drawing housing allowance after moving into the barracks, or runs personal charges on a government card is rarely caught by a...

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How Does the U.S. Military Justice System Compare to Civilian Federal Criminal Courts?

A service member accused of a crime and a civilian indicted in a federal district court both face the power of the United States to convict and punish, but the...

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What Is the Legal Basis for Court-Martial Jurisdiction in the United States?

Two questions decide whether a court-martial can hear a case at all, and the answer to the first one carries the rest. Is the accused a member of the armed...

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What Role Does the Military Judge Play in a Court-Martial?

In a civilian felony trial, the roles are familiar: a judge rules on the law, a jury decides the facts, and the two functions almost never blur. A court-martial divides...

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Retaliation and Whistleblower Protections in Military Justice

A service member who reports misconduct inside a command faces a structural problem that civilian whistleblowers usually do not. The same chain of command that the report may implicate also...

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What Extraordinary Writs and Remedies Are Available in the Military Justice System?

Most challenges to a court-martial travel a predictable road: the trial, then automatic or discretionary review by a Court of Criminal Appeals, then the Court of Appeals for the Armed...

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How Does the Military Justice System Intersect with International Humanitarian Law and the Law of Armed Conflict?

When a U.S. service member is accused of killing a civilian, abusing a detainee, or executing a prisoner, the charge sheet does not say "war crime." It says murder, or...

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What Constitutional Rights Does a Servicemember Retain During Court-Martial Proceedings?

Enlisting does not switch off the Constitution. A service member standing trial by court-martial keeps most of the protections that the Bill of Rights gives any criminal defendant, but several...

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Military Justice for Reserve and National Guard Members

For a part-time service member, the single most important fact about military justice is that it switches on and off. An active-duty soldier is subject to the Uniform Code of...

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How Does the Military Appellate Court System Function?

A service member convicted at a court-martial does not face the same long climb a civilian must make to reach an appellate courtroom. For many sentences the first review happens...

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Discharge Upgrades and Record Correction After Court-Martial

The characterization printed on a DD Form 214 follows a veteran for life, and a punitive discharge from a court-martial closes doors to employment, licensing, and benefits long after the...

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What Is a General Court-Martial and When Is It Convened?

A general court-martial is the most serious trial forum in the American military justice system, the only one that can adjudge the full range of punishment the Uniform Code of...

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How Does the UCMJ Address Conduct Unbecoming an Officer Under Article 133?

An officer can be court-martialed for behavior that would draw nothing more than a raised eyebrow if an enlisted member did it, or a civilian. Article 133 of the Uniform...

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How Does Article 134 (the General Article) Function as a Residual Criminal Provision?

The punitive articles of the UCMJ name specific crimes: larceny, desertion, assault, disrespect, and dozens more. Yet no statute can anticipate every form of misconduct that might damage a military...

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Military Justice Statistics and Conviction Rate Data

A single number, such as "the conviction rate at court-martial exceeds ninety percent," travels easily and explains almost nothing. The more useful question is not what the figure is but...

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Rights of the Accused During Military Investigation: A Practical Guide

The stretch between the opening of a military criminal investigation and the moment charges are formally preferred is where most court-martial outcomes are quietly decided, and it is also the...

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Domestic Violence Prosecution Under the UCMJ

For most of the UCMJ's history, there was no "domestic violence" charge at all. A service member who struck a spouse was prosecuted under the same general assault article that...

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How Do Speedy Trial Rights Apply in the Military Justice System?

An accused waiting for a court-martial faces a question the civilian system answers with a single statute: how long can the government take before the case must go forward? Military...

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The Role of the Inspector General in Military Justice

A service member who reports a toxic commander, suspects contract fraud in a unit, or believes a personnel action was payback for going to Congress faces a basic question: who...

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What Constitutes Insubordination and Mutiny Under the UCMJ?

A service member who tells a lieutenant "no" and a group of sailors who barricade themselves below decks and refuse to sail are doing something that looks related, but the...

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How Does Nonjudicial Punishment (NJP) Under Article 15 Operate as an Alternative to Court-Martial?

When a service member is accused of misconduct that a commander considers minor, the matter often never reaches a courtroom. Instead it is handled through nonjudicial punishment under Article 15...

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Administrative Separation vs. Court-Martial: When and Why Each Path Is Chosen

Most service members who are forced out of the military for misconduct never sit through a court-martial. They are processed out administratively, through a system that looks and works nothing...

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What Is the Right to Counsel in Military Court-Martial Proceedings?

A service member ordered to stand trial by general or special court-martial does not have to find a lawyer, qualify as indigent, or pay a retainer to be represented. The...

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Military Commissions vs. Courts-Martial: Structure, Jurisdiction, and Key Differences

The two forums are easy to confuse because both are run by the military and both try criminal charges before a panel of officers. They are not, however, two versions...

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