Court-Martial Process

Start Here If You Are New to Court-Martial

A court-martial is a military criminal trial conducted under the Uniform Code of Military Justice (UCMJ). Three types based on offense severity. Summary Court-Martial (SCM) for minor offenses with limited maximum punishment (typically 30 days confinement, 2/3 forfeiture of one month's pay, reduction to E-1 for E-4 and below). Special Court-Martial (SPCM) for misdemeanor-level offenses with intermediate maximum punishment (typically up to 1 year confinement, forfeitures, reduction). General Court-Martial (GCM) for the most serious offenses with the full UCMJ punishment range (including life imprisonment and death in the most extreme cases). Marines accused at SPCM and GCM are entitled to free Defense Counsel from JAG. Court-martial conviction creates a federal criminal record. Appeals are available through the Navy-Marine Corps Court of Criminal Appeals (NMCCA) and the U.S. Court of Appeals for the Armed Forces (CAAF). Per MCO 5800.16 Vol 16MCO 5800.16 Vol 16, UCMJ Articles 16-58, the Manual for Courts-Martial (MCM), and Rules for Courts-Martial (RCM).

This page walks you through the court-martial process from your seat as a General Marine. By the end you will know.

• The three types of court-martial and when each is used
• Maximum punishments at each type
• Rights of the accused (Defense Counsel, witnesses, evidence)
• Pretrial procedures (charges, Article 32 hearing)
• Pretrial confinement
• Plea agreements
• The trial process (members vs judge alone)
• Sentencing
• Appellate review (NMCCA and CAAF)
• Federal criminal record consequences

Every fact on this page comes from MCO 5800.16 Vol 16MCO 5800.16 Vol 16, UCMJ Articles 16-58, the Manual for Courts-Martial, Military Rules of Evidence, and Rules for Courts-Martial.

The Three Types of Court-Martial

Summary Court-Martial (SCM)

The least serious type. Used for minor offenses where NJP is inadequate but a full Special or General Court-Martial is unnecessary.

Maximum Punishments at SCM

• 30 days confinement.
• 45 days hard labor without confinement.
• 2 months restriction.
• Forfeiture of 2/3 of one month's pay.
• Reduction in grade (E-4 and below to E-1; E-5 and above to next lower grade for some).

SCM Procedure

• A single commissioned officer presides.
• Less formal than SPCM and GCM.
• The accused has the right to refuse SCM (except in limited circumstances).
• The accused has the right to consult Defense Counsel BEFORE deciding to accept or refuse.

Right to Refuse SCM

The accused has the right to refuse SCM. If refused, the case goes to SPCM or GCM (more serious procedures with higher maximum punishments). Like NJP, this is a major decision. Consult Defense Counsel.

Special Court-Martial (SPCM)

The intermediate type. Used for misdemeanor-level offenses.

Maximum Punishments at SPCM

• Up to 1 year confinement.
• Forfeiture of 2/3 of pay for up to 12 months.
• Reduction in grade.
• Bad-Conduct Discharge (BCD) (in some cases).
• Restriction.
• Hard labor without confinement.

SPCM Procedure

• Military judge presides.
• The accused has the right to trial by judge alone or by members (jury equivalent).
• Members panel is typically 4 members (or 6 if a BCD is potentially in play).
• Standard rules of evidence apply.
• The accused has the right to free Defense Counsel.

General Court-Martial (GCM)

The most serious type. Used for the most serious offenses.

Maximum Punishments at GCM

• The full UCMJ punishment range, including (depending on the offense).
• Life imprisonment.
• Dishonorable Discharge (DD) for enlisted.
• Dismissal for officers.
• Forfeiture of all pay and allowances.
• Reduction to E-1.
• Death (only for the most extreme offenses).

GCM Procedure

• Military judge presides.
• The accused has the right to trial by judge alone or by members.
• Members panel is typically 8 members.
• Article 32 preliminary hearing required before referral.
• Standard rules of evidence apply.
• The accused has the right to free Defense Counsel.

Rights of the Accused

Per the Constitution, UCMJ, and Rules for Courts-Martial.

Right to Free Defense Counsel

You have the right to free military Defense Counsel at SPCM and GCM. SCM has limited counsel rights but you can consult Defense Counsel before deciding to accept or refuse SCM.

Right to Civilian Counsel

You may also hire civilian counsel at your own expense in addition to military Defense Counsel.

Right to Remain Silent

You cannot be compelled to testify against yourself. The Article 31 Rights and Investigations leaf covers this.

Right to Confront Witnesses

You have the right to cross-examine witnesses against you.

Right to Call Witnesses

You have the right to call witnesses on your behalf.

Right to Trial by Judge or Members

At SPCM and GCM, you have the right to trial by military judge alone OR by a members panel. The choice is significant strategically. Defense Counsel will advise.

Right to Public Trial

Trials are typically public. Limited exceptions for security or other compelling reasons.

Right to Speedy Trial

You have the right to a speedy trial. Specific timelines apply per the UCMJ and RCM.

Pretrial Procedures

Step 1. Investigation

NCIS, CID, MPs, or command investigators investigate the alleged offense. The Article 31 Rights and Investigations leaf covers investigation rights.

Step 2. Preferral of Charges

The convening authority's representative prefers (drafts) charges based on the investigation. The accused receives notification.

Step 3. Article 32 Hearing (GCM Only)

Per UCMJ Article 32, before charges can be referred to a GCM, an Article 32 preliminary hearing must occur (with limited exceptions). The Article 32 hearing.

• Is conducted by a military judge or appointed officer.
• Allows the accused to challenge probable cause.
• Allows witnesses to testify.
• Allows the Defense Counsel to cross-examine.
• Determines whether sufficient evidence exists to refer to GCM.

Step 4. Referral

The convening authority refers (sends) the charges to the appropriate court-martial type.

Step 5. Discovery

Both Trial Counsel (prosecutor) and Defense Counsel exchange evidence and witness lists.

Step 6. Motions

Pretrial motions may address evidentiary issues, jurisdictional issues, suppression motions, and other procedural matters.

Step 7. Plea Agreement Consideration

Plea agreements are common. Defense Counsel will advise on whether to consider a plea agreement.

Pretrial Confinement

Per RCM 305 and related provisions, pretrial confinement may be imposed in specific circumstances.

When Pretrial Confinement Is Imposed

• The accused is a flight risk.
• The accused poses a threat to the community or victim.
• The accused is likely to engage in serious criminal activity.

Procedural Protections

• Initial review by a neutral and detached officer (Initial Review Officer, IRO) within 7 days.
• Right to be heard.
• Right to Defense Counsel.
• Right to challenge confinement.

Release

If the IRO determines pretrial confinement is not appropriate, the accused is released. Continued confinement requires periodic review.

Defense Counsel Engagement

If pretrial confinement is being considered, engage Defense Counsel immediately.

Plea Agreements

Per RCM 705, plea agreements (also called pretrial agreements) allow the accused to plead guilty in exchange for limitations on punishment.

Components of a Plea Agreement

• The accused agrees to plead guilty to specified offenses.
• The convening authority agrees to limit the maximum punishment.
• Specific terms (sentence cap, etc.) are negotiated.

Why Consider a Plea Agreement

• Reduces uncertainty about the outcome.
• Caps the maximum punishment.
• Demonstrates acceptance of responsibility.
• May result in less severe punishment than a contested trial.

Why Not Consider a Plea Agreement

• Factual innocence.
• Strong defense case.
• Procedural challenges that may eliminate the case.

The Decision Is Yours

Defense Counsel advises. The decision to enter into a plea agreement is the accused's. Defense Counsel cannot enter into a plea on your behalf without your express agreement.

The Trial Process

Trial by Judge Alone vs Members Panel

Judge Alone

• Single military judge decides guilt and sentence.
• Faster process.
• Generally requires the accused's election.

Members Panel

• Panel of officers (and enlisted, if elected by enlisted accused) decides guilt and sentence.
• Conviction requires a vote of three-fourths or more (depending on offense).
• Death sentences require unanimous vote.

Strategic Choice

The choice between judge alone and members has significant strategic implications. Defense Counsel will advise.

Trial Phases

Phase 1. Arraignment

The accused is informed of the charges and enters a plea (guilty, not guilty, or stipulated facts).

Phase 2. Voir Dire (Members Trials Only)

Selection of the members panel through questioning.

Phase 3. Government's Case

Trial Counsel (prosecutor) presents the government's case. Witnesses, evidence, and exhibits.

Phase 4. Defense's Case

Defense Counsel presents the defense case. Cross-examines government witnesses. Calls defense witnesses. Presents defense evidence.

Phase 5. Closing Arguments

Both sides argue their positions.

Phase 6. Findings

The judge or members deliberate and announce findings (guilty or not guilty on each charge).

Phase 7. Sentencing (If Convicted)

If convicted, sentencing proceeding follows. Aggravation and mitigation evidence presented. Sentencing decision announced.

Sentencing

Authorized Punishments

The court-martial can impose any authorized punishment up to the maximum for the type of court-martial and the offense.

Common Punishments

• Confinement.
• Discharge characterization (BCD, DD, dismissal for officers).
• Forfeiture of pay.
• Reduction in grade.
• Restriction.
• Hard labor without confinement.
• Reprimand.

Mitigation and Aggravation

The accused presents mitigation evidence (positive factors). The Trial Counsel presents aggravation evidence (negative factors).

Sentence Reduction

The convening authority reviews the sentence and may reduce (but not increase) the sentence at clemency.

Appellate Review

Navy-Marine Corps Court of Criminal Appeals (NMCCA)

The first appellate review for Marine Corps cases involving sentences of confinement of 1 year or more, dismissal, or a punitive discharge.

NMCCA Authority

• Review for legal error.
• Review for sentence appropriateness.
• May affirm, modify, or set aside the conviction or sentence.

U.S. Court of Appeals for the Armed Forces (CAAF)

The second appellate level. Reviews NMCCA decisions in some cases.

CAAF Authority

• Review for legal error.
• May affirm, modify, or set aside the NMCCA decision.

Petition for Grant of Review

Some cases may be reviewed by the U.S. Supreme Court via petition for writ of certiorari.

Mandatory Review

Death penalty cases receive mandatory review through NMCCA, CAAF, and the Supreme Court.

Free Appellate Counsel

You receive free military appellate counsel. You may also hire civilian appellate counsel.

Federal Criminal Record Consequences

Criminal Record

A court-martial conviction is a federal criminal conviction. Reflected on FBI background checks and other criminal record databases.

Discharge Characterization

A BCD or DD significantly affects post-service employment, benefits, and reputation.

Loss of Benefits

Conviction may result in loss of GI Bill benefits, VA benefits, and retirement benefits in some cases.

Civilian Employment Impact

Employers may decline to hire applicants with court-martial convictions.

Post-Service Implications

Court-martial conviction has lifelong implications. Coordinate with Defense Counsel to understand the full consequences.

Common Court-Martial Scenarios

Scenario 1. Marine Charged With UCMJ Offense

Marine receives notification of preferral of charges.

• Coordinate with Defense Counsel immediately.
• Do NOT make statements to investigators or command without Defense Counsel.
• Defense Counsel will explain the charges and procedural framework.
• Decision points on plea, members vs judge, witnesses to call.

Scenario 2. Marine Held in Pretrial Confinement

Marine is placed in pretrial confinement after charges are preferred.

• Defense Counsel must engage immediately.
• Initial Review Officer reviews within 7 days.
• Defense Counsel can challenge confinement at the IRO and through other motions.

Scenario 3. Plea Agreement Offered

Trial Counsel offers a plea agreement to the accused.

• Defense Counsel reviews the offer.
• Defense Counsel advises on advantages and disadvantages.
• The decision to accept or reject is the accused's.

Scenario 4. Conviction at Court-Martial

Marine is convicted and sentenced.

• Defense Counsel pursues post-trial actions.
• Convening authority may grant clemency.
• Appellate review through NMCCA and CAAF.

Common Mistakes Marines Make

Mistake 1. Accepting SCM Without Defense Counsel

Like NJP, you have the right to refuse SCM and demand SPCM or GCM. Consult Defense Counsel before deciding.

Mistake 2. Talking to Investigators Without Counsel

Statements to investigators almost always hurt more than help. Article 31 rights protect you.

Mistake 3. Not Engaging Defense Counsel Early

Defense Counsel is most effective when engaged at the earliest stage of investigation. Engaging late limits options.

Mistake 4. Hoping the Charges Go Away

Charges referred to court-martial do not go away on their own. Engage Defense Counsel and address them through the process.

Mistake 5. Making Statements to Command About the Case

Statements to command can become evidence. Coordinate with Defense Counsel before discussing the case with anyone.

Mistake 6. Misunderstanding Federal Criminal Record

Court-martial conviction is a federal criminal conviction. Many Marines do not realize the lifelong implications.

Common Questions Marines Ask

What are the three types of court-martial?

Summary Court-Martial (SCM) for minor offenses. Special Court-Martial (SPCM) for misdemeanor-level offenses. General Court-Martial (GCM) for the most serious offenses.

What are the maximum punishments at each type?

SCM. 30 days confinement, limited forfeitures, reduction. SPCM. 1 year confinement, forfeitures, reduction, possible BCD. GCM. Up to life imprisonment, full forfeitures, reduction, dismissal or DD, death (most extreme cases).

Do I have the right to free Defense Counsel?

Yes. Free military Defense Counsel at SPCM and GCM. Right to consult Defense Counsel before SCM.

Can I hire a civilian attorney too?

Yes. You may hire civilian counsel at your own expense in addition to military Defense Counsel.

What is an Article 32 hearing?

A preliminary hearing required (with limited exceptions) before charges can be referred to General Court-Martial. Allows challenge of probable cause.

What is pretrial confinement?

Confinement of the accused before trial in specific circumstances (flight risk, threat to community, etc.). Reviewed by Initial Review Officer within 7 days.

What is a plea agreement?

An agreement where the accused pleads guilty in exchange for limitations on punishment. Common at SPCM and GCM. Decision is the accused's.

Can I have a trial by judge alone?

Yes, at SPCM and GCM. The accused can elect trial by judge alone or by members. Defense Counsel advises on the strategic choice.

What is a members panel?

A panel of officers (and enlisted if elected by enlisted accused) that decides guilt and sentence. Equivalent to a jury but selected differently.

What is the standard of proof?

Beyond a reasonable doubt for guilt. The same standard as civilian criminal trials.

What appeals are available?

Navy-Marine Corps Court of Criminal Appeals (NMCCA), U.S. Court of Appeals for the Armed Forces (CAAF), and in rare cases the U.S. Supreme Court.

Does court-martial conviction create a federal criminal record?

Yes. Court-martial conviction is a federal criminal conviction.

What is a BCD vs DD?

Bad-Conduct Discharge (BCD) is a punitive discharge typically resulting from SPCM. Dishonorable Discharge (DD) is the most severe punitive discharge, typically resulting from GCM.

How long does the court-martial process take?

Varies. Simple cases may resolve in months. Complex cases with multiple motions and appeals can take a year or more.

Where to Go for Help

Routing by Issue

• Defense Counsel for any UCMJ matter. Installation LSSS or OSJA Defense Counsel.
• Pretrial confinement. Defense Counsel immediately.
• Plea agreement evaluation. Defense Counsel.
• Civilian counsel referral. Personal Services Attorney can refer.
• Appellate counsel. Free military appellate counsel through Navy-Marine Corps Appellate Defense Division.
• Pretrial motions and discovery. Coordinated by Defense Counsel.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers Defense Counsel access.
• Article 31 Rights and Investigations covers your rights when questioned (BEFORE court-martial).
• NJP (Non-Judicial Punishment) covers Captain's Mast as alternative to court-martial.
• Administrative Separation covers the related but distinct administrative process.
• Article 138 and IG Complaints covers procedural complaints.
• Sexual Assault Reporting and Special Victims' Counsel covers victim rights at court-martial.

Related Roles

• Leaders coach Marines on engaging Defense Counsel immediately when court-martial is imminent.
• Admin at S-1 supports notification process and Defense Counsel referrals.
• Commanders coordinate with Trial Counsel on charges and respect the accused's procedural rights.

Court-martial is military criminal trial. Three types. Summary (minor offenses, limited punishment), Special (misdemeanor, up to 1 year confinement), General (most serious, up to life or death). Right to free Defense Counsel at SPCM and GCM, consultation right at SCM. Pretrial procedures include Article 32 hearing for GCM. Plea agreements are common. Trial by judge alone or members. Sentencing follows conviction. Appeals through NMCCA and CAAF. Court-martial conviction creates a federal criminal record with lifelong implications. Per MCO 5800.16 Vol 16MCO 5800.16 Vol 16, UCMJ Articles 16-58, MCM, RCM.