The military as a whole has set in place some “ground rules” if you will, these rules are referred as the Uniform Code of Military Justice. Let’s first start with some background on the Uniform Code of Military Justice. The Uniform Code of Military Justice is covered by AR 27-10, it covers 146 articles total and 12 sub articles some would differ and include those 12 sub articles in the total making it 158 articles in all. In 1950 the United States Congress enacted the Uniform Code of Military Justice whics replaced the Articles of War which was in effect since somewhere around 1775 in some form.
Within the Uniform Code of Military Justice articles seventy seven through one hundred and thirty four are know as punitive articles. Punitive articles are articles in which if violated are punishable by court martial. There are three different types of court martial the first is summary consists of one commissioned officer, and may try only enlisted personnel for only non capital offenses, the punishments for this are dependant upon the grade of the accused service member. The next type of court martial is a special court martial consists of not less than three members and a military judge, or the accused member may request to be tried by a military judge alone. A special court martial is often known as misdemeanor court and may try all military members whom are subject to the Uniform Code of Military Justice to include officers and midshipmen. Punishments set in place by a special court martial will fall under any punishment which is contained in R.C.M 1003 except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two thirds pay per month, or any forfeiture of pay for more than one year. The last and most serious kind of court martial is a general court martial, a general court martial generally consists of not less than five members and a military judge or...
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