Court Martial Index

Court-martial jurisdiction rests on Congress's power "To make Rules for the Government and Regulation of the land and naval Forces" (U.S. Const. art. I, § 8). Using that power, Congress...

Oct 21, 2026 4 min read

Article 43 of the Uniform Code of Military Justice (10 U.S.C. § 843) sets a default five-year limit, measured from the commission of the offense to the moment an officer...

Oct 21, 2026 7 min read

Two laws protect service members who report misconduct. The Military Whistleblower Protection Act, 10 U.S.C. § 1034, bars taking or threatening an unfavorable personnel action, or withholding a favorable one,...

Oct 21, 2026 5 min read

Military justice systems differ mainly in two choices: who decides to prosecute (a commander or an independent prosecutor) and where service members are tried (a separate military court or ordinary...

Oct 21, 2026 6 min read

After a finding of guilty, a court-martial holds a separate presentencing proceeding under Rule for Courts-Martial 1001. The government presents service data, personnel records, prior convictions, and aggravation evidence; any...

Oct 21, 2026 8 min read

Inspectors General are oversight offices, not prosecutors or courts. A command or service IG inquiry produces findings and recommendations; it does not prefer charges, refer a case to court-martial, or...

Oct 21, 2026 5 min read

A general court-martial is the highest trial forum under the UCMJ: a military judge with eight members (12 in a capital case), or a military judge alone on the accused's...

Oct 21, 2026 5 min read

A court-martial "may adjudge only" the punishments listed in R.C.M. 1003(b): reprimand, forfeiture of pay and allowances, fine, reduction in grade, restriction, hard labor without confinement, confinement, punitive separation (dismissal,...

Oct 21, 2026 5 min read

Financial misconduct is charged under several punitive articles: Article 121 (larceny and wrongful appropriation), Article 121a (fraudulent use of credit cards, debit cards, and other access devices), Article 121b (false...

Oct 21, 2026 4 min read

Civilians are subject to court-martial only in narrow circumstances. The Supreme Court ruled out peacetime courts-martial of civilian dependents and employees overseas between 1957 and 1960. Today the main statutory...

Oct 21, 2026 6 min read

After a general or special court-martial, the military judge signs a Statement of Trial Results (Article 60); the accused and any victim may submit matters to the convening authority; the...

Oct 21, 2026 4 min read

Which article governs insubordination depends on whose authority was defied. Disrespect, assault, and disobedience toward a superior commissioned officer fall under Articles 89 and 90; the same conduct toward a...

Oct 21, 2026 7 min read

The Military Rules of Evidence are Part III of the Manual for Courts-Martial, prescribed by the President under Article 36 of the UCMJ. They follow the Federal Rules of Evidence...

Oct 21, 2026 6 min read

Victims of UCMJ offenses have statutory rights under Article 6b (10 U.S.C. § 806b): protection from the accused (see military protective orders and restraining orders), notice of key proceedings, the...

Oct 21, 2026 8 min read

Unlawful command influence is the use of command authority, or any unauthorized means, to pressure the people who decide a court-martial: the members, the military judge, counsel, witnesses, or the...

Oct 21, 2026 6 min read

The punitive articles are Articles 77 through 134 of the UCMJ (10 U.S.C. §§ 877-934), Subchapter X of Chapter 47. They define the offenses punishable under the UCMJ, from principals...

Oct 21, 2026 5 min read

The two systems differ at almost every stage. Court-martial jurisdiction depends on the accused's military status (Solorio v. United States, 1987); a federal court's depends on a federal criminal statute....

Oct 21, 2026 5 min read

A military judge may accept a guilty plea only after personally questioning the accused on the record: explaining the elements, the maximum and any mandatory minimum punishment, and the rights...

Oct 21, 2026 6 min read

Relief from a court-martial sentence comes from four separate authorities. The convening authority can act before entry of judgment, but in serious cases may not touch the findings and may...

Oct 21, 2026 6 min read

At a general or special court-martial, and at an Article 32 preliminary hearing, the accused may be represented by detailed military defense counsel at no cost, by military counsel of...

Oct 21, 2026 5 min read

Obstruction of justice is Article 131b of the UCMJ (10 U.S.C. § 931b): wrongful conduct, in the case of a person against whom the accused had reason to believe criminal...

Oct 21, 2026 6 min read

A service member who is wrongly accused has protections at every stage: the right to remain silent and to be warned before questioning, the right to counsel at the Article...

Oct 21, 2026 7 min read

Panel members are the factfinders at a court-martial with members: they decide guilt by secret ballot, with at least three-fourths required to convict. The convening authority details members it considers...

Oct 21, 2026 6 min read

A diagnosis such as PTSD, traumatic brain injury, or depression can matter at a court-martial in four separate ways, each with its own test. It can be a complete defense...

Oct 21, 2026 7 min read

A summary court-martial is a one-officer proceeding for minor offenses by enlisted members. By statute it is "a non-criminal forum", and a finding of guilty "does not constitute a criminal...

Oct 21, 2026 6 min read