Page 72 - NAVAL SCIENCE 3 TEXTBOOK

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the responsibility for the rout inc, efficiency, .md discipline of their The Military Courts-Martial
units under their commanding officers. \Vhen nonjudicial punishment is considered to be inadequate for
Following the screening mast, the XO will furnish the CO with an offense charged, the commanding officer may refer the case to
a list of allY personnel upon whom charges have been preferred, olle of three types of court-martial. In increasing order of sever-
whom the XO believes should appear at mast. The captain will hold ity, these nrc the SUllllllO:HY, special, and general courts-martial.
captain's mast at a time and place most convenient for all concern~d. Severity, in this case, means the Illaxilllum punishments that may
All arrangements, including notification of the accused and Wit- be awarded by the court.
nesses and the accused person's division officer and leading petty A SWill/1m)' cOllrt-lI/artia/ is convened by a commanding offi-
officer, will be made by the executive officer and stair, including the cer to administer prompt justice for relatively minor oftenses
master-at-arms force, the legal yeoman, and the personnel officer. through a simple court procedure. Only enlisted personnel may be
At the start of captain's mast, the captain will first warn the tried by a summaq' court-martial. A summaq' court consists of
accllsed and any witnesses about the possible effect of their answers one commissioned officer appointed b}' the commanding officer,
and explain their rights. These rights are similar to those recited by preferably in naval courts n lieutenant or senior. This officer should
an investigating officer in a preliminary inquiry. be neither the accuser nor the investigator in the case, and should
As each indil'idual case is called before the CO, the accused and not be associated closely with the accused.
his or her division officer step forward. The charges and specifica- During the trial the summar), court represents both the gov-
tions (details of the infraction) arc read, and the accused is asked if ernment and the accused; in other words, that person is both pros-
these charges are understood. The captain then hears the accused ecuting attorney and defense counsel. Although the accused is.I1?t
person's statement and that of any witnesses. The captain mar entitled to a military defense council, he or she may hire a Civil-
ask the person's division officer and leading petty officer for com- ian lawyer at his or her own expense. The summary court investi-
ments concerning perfonnance of duty. The personnel officer will gates both sides of the matter .md ensures that the interests of both
provide the person's official record to the captain so that careful the government and the accused are safeguarded. Investigation
review can be made before any decision in the maner is reached. At beyond t~lir inquiry and ensuring that the person understands the
all times during the procedure, the dignity, formality, and serious- charges is not required if the accused pleads guilt)'. If found guilt)',
ness of a higher court are strictly maintaincd. the accused is advised of the right to present matters in extenua-
In passing judgment, the commanding officer may dismiss tion or mitigation, to be considered by the summary court when
the case, officially warn the accused, administer an oral or writ- awarding punishment.
ten admonition or reprimand, administer punishm.ent, or order Punishments authorized by the Slullmary court are similar to
the accllsed to be tried by court-martial. Punishments that may be those that may be awarded by the COlllmanding officer at mast:
awarded at captain's mast to enlisted personnel include an official confinement for not more than thirty days, forfeiture of two-thirds
admonition or reprimand, confinement on bread and water tor a pay for one month, and reduction in pay grade. At the end of the
period not exceeding three days (rating of £-3 and below), cOl:rec- trial, the verdict is annoullced, and if the accllsed has been con-
tiol1al custody not exceeding thirty days, forfeiture of one-halt pay victed, the sentence of the court is pronounced. A record of the
not exceeding two months, restriction not exceeding sixty days, conviction and any punishment awarded is made in the indi-
and reduction in pay grade to the next inferior level. The com- vidual's service record. Following the proceedings, the person is
manding officer may apportion the punishment among two or restored to duty within the limitations imposed by the summary
more of the abo\'e options. court's punishment.
Officers may be awarded nonjudicial punishment by senior A special collrt-lII(lrtia/ can be convened by a commanding offi-
officers in command, but they Illay not be confined, put in correc- cer to try cases involving offenses that Wi.lrrant greater punishment
tional custody, given extra duty, or reduced in rank. They may be than a summary court can award. The special court-martial has
placed under arrest in quarters, often referred to as "being in hack," jurisdiction to tr)' anyone subject to the UCMJ for any llollcapital
or restricted from going ashore on liberty. One-half of their pay offense made punishable by the code, and some capital offenses if
may be forfeited for not more than two months. In any event,.an iluthorized by the president. The COlllmanding officer, as conven-
official letter to the chief of naval personnel by the cOlllll1andlllg ing authority for the court. draws up a convening order that sp~ci­
officer is required, and notation on the officer's next fitness report fies the time and place of meeting of the special court and appolllts
will be made. not less than three members to it.
Any person who considers the punishment to be unjust may The convening authority may also have a military judge- a
make a written appeal to the commanding officer's superior law officer certified by the judge advocate geneml-appointed to
authority. If the senior feels there has been a miscarriage of justice, the court, if available. After consultation with the defense coun-
the punishment may be modified or set aside, but it may not be sel, the accllsed may request to have only this military judge serve
increased, and a different punishment may not be awarded.