Courts Martial Trial Practice and Procedure

The courts martial proceedings are similar to civilian criminal trials. A defendant and his attorney must be familiar with the differences between military and civil procedures. There are numerous pitfalls in the military system that can trap an inexperienced practitioner. Processes involve a military prosecutor (trial lawyer), defense attorney, a military judge, two bailiffs, court reporter, 3, and if elected by the defendant, a group of military members (a jury) .4

A panel composed of military officers and troops from the command or from the community an accused. All panel members must pass the accused. The military panel is selected by invitation based on various factors such as experience, rank, and age.5 The accused has the right to an impartial court martial panel. While the prosecution and defense in May voir dire the panel, questioning is often limited by the military judge. Both parties may challenge the group members for the cause. However, each side can strike only one panel in advance member.6 martial proceedings are open to the public and the media, with few exceptions. For example, the military judge may close the proceedings in which classified information will be disclosed.7

The accused may choose to have the judge, rather than the panel, decide his guilt or innocence. However, if the accused elected to be tried by a panel, the panel will also decide the penalty to be imposed. Similarly, if the accused elected to be tried by a judge alone, then the judge will also determine the unique military trials sentence.8, when the prosecution and defense have finished questioning any witness, the panel may ask questions of the witness. 9 's common for military juries to ask questions of several witnesses in an attempt to get at the truth.

Under the UCMJ, a member of the service before the court martial has three options for the election of the councils. First, he or she can choose to be represented by military defense counsel at no cost. Secondly, he or she can request another free military lawyer by name. If this attorney is available, then he or she will be appointed to represent the accused. Thirdly, the defendant may hire a civilian defense counsel. If the accused elected to hire a civilian defense attorney, then the defendant is liable for the payment of attorneys' fees and travel expenses civilians. However, the defendant may request to retain his military lawyer on the case to facilitate the defense well.10

In a military jury hung there. In order to find a defendant guilty, the two-thirds of the panel must vote for a finding of guilt. The only exception is death penalty cases, requiring a unanimous verdict. At a court martial, the burden of proof is the same in any court of civil penalty. The prosecution must prove that the accused is guilty of all elements of the offense beyond a reasonable doubt.11 This is different from most civilian systems where the jury must unanimously find the defendant guilty. If Urey civil disagree on the verdict, then the result is a hung jury. Military juries are generally highly qualified, disciplined and educated. They know how to follow the instructions of the judges, the law, and make their decision on the facts presented at trial. Unfortunately, television and movies portray military juries overzealous government hacks who leave the defendant no chance of a fair trial. This representation is far from the truth, in many situations.

If the accused is guilty of an offense, the sentencing proceedings to begin immediately. During the sentencing proceeding, the prosecution has presented evidence in aggravation, victim impact, and the effect on unit discipline and morale. During the proceedings, the rulings in the armed forces, the defense is allowed to present extenuating and mitigating evidence in an attempt to get a lower sentence. Both parties are allowed to offer testimony and documentary evidence. It 's common for the military if convicted last several hours or more. Both the prosecution and defense are entitled to provide arguments to the sentencing court members or military judge.12 In determining what sentence to impose, two-thirds of a panel must agree on the penalty, unless the sentence is for more than 10 years or life , in which case three-quarters of the panel must agree. In death penalty cases, the panel must unanimously agree on death.13

A lawyer seeking to practice in military courts should become familiar with the Uniform Code of Military Justice (UCMJ), the military rules of evidence (MRE), and the local rules of procedure for the particular court. A lawyer has learned these basic rules and procedures, then you can effectively engage in any military tribunal in the world. Regardless of the court, either in Iraq or Washington DC, the same laws governing service members facing court martial.

1. Article 27, U.C.M.J.

2. Article 26, U.C.M.J.

3. Article 28, U.C.M.J.

4. Articles 26-28, U.C.M.J.

5. Article 25, U.C.M.J.

6. R.C.M 912.

7. R.C.M. 806, M.R.E. 505.

8. R.C.M. 903.

9. R.C.M. 913 (c).

10. Article 38 (b) (2), U.C.M.J., R.C.M 506 (a).

11. R.C.M 921.

12. Article 18, U.C.M.J.

13. R.C.M. 1006; R.C.M. 1004 (b) (7) .......