Courts-MartialBased on article 16 of the UCMJ, courts-martialare of three types—summary, special, and general. Thecaptain decides the type of court-martial to awardbased on the nature, time, and place of the offense.A summary court-martial (SCM) consists of onecommissioned officer. If there is only onecommissioned officer with the command, that officeracts as the summary court officer. A summary courtcan award any sentence that may be given at mast. Italso can award the additional punishments ofconfinement for 1 month, hard labor withoutconfinement for 45 days, restriction for 2 months, orforfeiture of two-thirds pay per month for 1 month.A special court-martial (SPCM) consists of notless than three members. The accused can request thatenlisted personnel serve on the court. In that event,enlisted personnel make up at least one third of thecourt membership. The accused has the right to consultwith a defense counsel and to request that the courtconsist of only the military judge. A SPCM may awarda more severe punishment than a SCM. For example, itcan award a bad-conduct discharge, confinement for 6months, loss of two-thirds pay per month for 6 months,and hard labor without confinement for 3 months.A general court-martial (GCM) consists of amilitary judge and not less than five members. As in aspecial court-martial, the accused may request thatenlisted personnel serve on the court. Under theconditions described for a SPCM, the accused mayrequest that the court consist of only a military judge. AGCM can award any punishment not forbidden by theUCMJ, including death when specifically authorizedfor the offense.All accused persons have the right to berepresented before special and general courts-martialby defense counsel. This counsel may be a civilianattorney, at the expense of the accused, or a militaryattorney detailed to represent the accused.USING JUDGMENT IN REPORTINGVIOLATIONSThe need for using good judgment is vital inreporting violations. Some violations are minor innature and some are major. As a petty officer, you needto become familiar with separating the two. Goodjudgment ability is not an inherited trait. You mustdevelop it over a period of time. You have to developthe ability to decide and to form an opinion objectivelywhen you report violations of the UCMJ. Thejudgment you use may affect the rest of a person’snaval career.You are going to see violations of the UCMJ everyday. Some will be minor and some will be major. If yousee a violation, stop for a minute to think before youact. You cannot smile away a violation one day andrebuke it the next. Under these conditions personneldon’t know where they stand. At times you need onlyoffer a word of caution to correct a problem. At othertimes you may need to take more action.Study your personnel, watch them, learn theirlanguage and points of view, work with them, guidethem, and counsel them. Then, you can commend thegood personnel and, as often as you must, report thebad ones without fear or favor.If you were to report minor violations all the time,you would bog down our justice system; and youreffectiveness as a leader would rapidly decline.Remember to stop and think before you act. Usediscretion in reporting a violation.Violations That Should Be ReportedRemember, a violation is a violation and shouldnot go unanswered. At times your judgment as a pettyofficer comes into play. You need to take a hard look atthe violation and see if it warrants reporting.Some examples of offenses that normally warrantreporting (major violations) are as follows:Assault of a superior commissioned officer orwillful disobedience of a superior commissionedofficer’s ordersDisrespect towards a superior commissionedofficerBeing drunk while on dutyDrunken or reckless drivingWillful destruction of government property2-7Q7.Who decides which type of court-martial toaward?1.Accuser2.Accused3.Executive officer4.Commanding officerREVIEW QUESTION
Integrated Publishing, Inc. - A (SDVOSB) Service Disabled Veteran Owned Small Business