General Court-Martial
A general court-martial consists of a military judge
and not less than five members; or only a military judge.
Under the conditions described for a special court, the
accused may request that the court consist of only a
military judge. A general court-martial can award any
punishment not forbidden by the UCMJ, including
death when specifically authorized for the offense.
All accused persons have the right to be represented
before special and general courts-martial by defense
counsel. This counsel may be a civilian or a military
lawyer selected by the accused or a defense counsel
appointed by the convening authority. If a civilian
counsel is selected, the accused must pay the counsel’s
expenses.
REVIEW 4 QUESTIONS
Q1. What chapter of the Navy Regs deals with your
responsibility and authority while carrying out
orders?
Q2. What chapter of the Navy Regs deals with rights
and responsibilities?
Q3. Who is responsible for ensuring the Navy Regs
conforms to the current needs of the Department
of the Navy?
Q4. New Navy Regs and changes to it are issued by
whom and approved by whom?
Q5. The instructions found in the OPNAVINST
3120.32 provide guidance and regulations for—
Q6. What was the purpose for developing and
signing into law the Uniform Code of Military
Justice?
Q7. When was the UCMJ signed into law?
Q8. Article 137 of the UCMJ states that certain
articles of the Code must be explained carefully
to every enlisted person at what minimum
interval?
Q9. List the three types of court-martials.
a.
b.
c.
SUMMARY
Discipline is training that develops self-control,
character or orderliness, and efficiency. Justice is
impartiality—fairness. Conduct is the way one
acts—behavior. We all deal with discipline, justice, and
conduct in our day-to-day dealings as members of the
U.S. Navy. We have certain standards of behavior, both
on and off duty, by which we must abide. Our justice
system sets those standards of behavior; therefore, it
should not intimidate us.
We also have standards of conduct by which we
must abide if we are taken prisoner. These standards are
fundamental to our safety and to our fellow prisoners.
Discipline or conduct could sometimes make the
difference between saving or losing a unit. Without
discipline, ships would not have the efficient fire or
repair parties that have kept many of them afloat after
major damage. Imagine the panic that would take place
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Student Notes:
