What Are the Three Types of Courts-Martial and How Do They Differ in Scope and Authority?

The UCMJ creates three courts-martial: summary, special, and general (Article 16). A summary court-martial is one commissioned officer trying minor offenses by enlisted members, with low punishment limits, a non-criminal result, and a right for the accused to refuse it. A special court-martial is a military judge with four members, or a judge alone, with confinement capped at one year and a bad-conduct discharge as the most severe separation. A general court-martial is a military judge with eight members (12 in a capital case), or a judge alone, and may adjudge any punishment the code authorizes, including death where specifically authorized; it is the only forum for rape and sexual assault under Articles 120(a)-(b) and 120b(a)-(b).

The three forums side by side

Feature	Summary	Special	General
Who decides	One commissioned officer (Art. 16(d))	Military judge and 4 members, or military judge alone (Art. 16(c))	Military judge and 8 members; 12 in a capital case; or military judge alone on the accused's request (Arts. 16(b), 25a)
Who can be tried	Enlisted members only; not officers, cadets, aviation cadets, midshipmen (Art. 20(a)), or warrant officers (R.C.M. 1301(c)(1))	Any person subject to the code, for noncapital offenses and, under presidential regulations, capital offenses (Art. 19(a))	Any person subject to the code, for any offense; also persons triable by military tribunal under the law of war (Art. 18(a))
Offenses excluded	Capital offenses; Articles 120(a)-(b), 120b(a)-(b), and attempts (Art. 20(a); R.C.M. 1301(c)(2))	Articles 120(a)-(b), 120b(a)-(b), and attempts (Art. 18(c); R.C.M. 201(f)(2)(D))	None
Confinement limit	1 month, for E-4 and below only (Art. 20(a); R.C.M. 1301(d))	1 year; 6 months if referred to a judge alone (Art. 19)	As authorized for each offense
Most severe separation	None	Bad-conduct discharge; none if referred to a judge alone (Art. 19)	Dishonorable discharge or dismissal; death where specifically authorized (Art. 18(a))
Convened by	Commanders listed in Art. 24 and anyone who can convene a special or general court-martial	Commanders listed in Art. 23 and any general court-martial convening authority	The President, Secretary of Defense, Secretaries concerned, and commanders listed in Art. 22
Pretrial screening	None required	Convening authority consults a judge advocate (Art. 34(b))	Article 32 preliminary hearing and written staff judge advocate advice (Arts. 32, 34(a))
Defense counsel	Right to military defense counsel, waivable (R.C.M. 1301(e) as amended by EO 14130)	Detailed (Art. 27(a))	Detailed (Art. 27(a))
Result	Finding "does not constitute a criminal conviction" (Art. 20(b))	Finding of guilty; Article 19 has no non-criminal provision	Finding of guilty; Article 18 has no non-criminal provision
Can the accused refuse it?	Yes, before arraignment (Art. 20(a); R.C.M. 1303)	No	No

Who decides, and how judge-alone trial works

Summary. The one officer acts as factfinder and sentencing authority and must “thoroughly and impartially inquire into both sides of the matter” (R.C.M. 1301(b)); see what a summary court-martial is.
Special. There are two judge-alone routes with different consequences. If the convening authority refers the case to a military judge alone (Art. 16(c)(2)(A)), the sentence may not include a bad-conduct discharge or more than six months of confinement or forfeitures (Art. 19(b)). If the case is referred to a panel and the accused then requests a judge alone and the judge approves (Art. 16(c)(2)(B)), the full special court-martial limits remain, including a bad-conduct discharge; see the special court-martial and its limits.
General. Trial by judge alone requires the accused’s request, made knowing the judge’s identity and after consulting counsel, and the judge’s approval (Art. 16(b)(3)). A judge-alone general court-martial has no jurisdiction over an offense for which death may be adjudged “unless the case has been previously referred to trial as a noncapital case” (Art. 18(b)); see when a general court-martial is convened.

Votes. With members, a finding of guilty requires at least three-fourths of the members present: three of four at a special court-martial, six of eight at a general court-martial, nine of twelve in a capital case (Art. 52; R.C.M. 921(c)(2)). A death sentence requires a unanimous finding of guilty of the capital offense and a unanimous vote for death. Sentencing. For cases in which all findings of guilty are for offenses committed after December 27, 2023, the military judge sentences in non-capital cases (Art. 53(b)(1)).

Who decides the forum

The convening authority refers charges to a particular court-martial, and the forum sets the punishment ceiling. For covered offenses committed after December 27, 2023, a special trial counsel decides whether to refer and to which court-martial, and that decision binds the convening authority (Art. 24a(c); Art. 34(c)). Sexual harassment became a covered offense for offenses that occur after January 1, 2025, but only where a formal complaint is made and substantiated under the Secretary concerned’s regulations (10 U.S.C. § 801(17)(A)). The accused’s own choices also move the case: refusing a summary court-martial, requesting judge-alone trial, or objecting before arraignment to a judge-alone special court-martial on the grounds listed in R.C.M. 201(f)(2)(E).

Appeals

The forum shapes the appellate route. An accused may appeal to the Court of Criminal Appeals from any general or special court-martial judgment that includes a finding of guilty (Art. 66(b)(1)(A)), within the deadline in Article 66(c), and judgments that include death, dismissal, a dishonorable or bad-conduct discharge, or confinement for two years or more are reviewed automatically (Art. 66(b)(3)). A summary court-martial goes to the Judge Advocate General under Article 69, with possible further review by the Court of Criminal Appeals if it grants an application (Art. 66(b)(1)(B)). The full sequence is described in how the military appellate court system functions.

One E-4 property case in four forums (hypothetical)

An enlisted E-4 is alleged to have committed a property offense whose maximum at a general court-martial is more than two years of confinement.

Summary court-martial. The E-4 may refuse before arraignment. If tried, the most the officer may adjudge is 30 days of confinement, 45 days of hard labor without confinement, two months of restriction, forfeiture of two-thirds of one month’s pay, and reduction to the lowest grade; no discharge; and the result is not a criminal conviction.
Special court-martial with members, or judge alone on the accused’s request. Up to one year of confinement and a bad-conduct discharge; no statutory non-criminal label like Article 20(b); an appeal of right to the Court of Criminal Appeals.
Special court-martial referred to a judge alone. Up to six months of confinement and no bad-conduct discharge. Because the offense’s general court-martial maximum exceeds two years, the accused could object before arraignment, and if the judge so determines the case would go to a panel or to a general court-martial.
General court-martial. Only after an Article 32 preliminary hearing and written staff judge advocate advice; the offense’s full authorized maximum, including a dishonorable discharge if authorized for that offense.

Sources

This article is general information about military law, not legal advice for any individual case.