Page 73 - NAVAL SCIENCE 3 TEXTBOOK

78 :'\'AV,U KNOWLEDGE

A Navy legalman acting as trial counsel makes an opening statement during a mock court-martial staged for a group of NJROTC cadets. (Scott
Thornbloom)

ns the speci<ll court. If the judge <lpproves, he or she will serve as a of the accused, so there must be at least three other individuals
one-person special court, with sale responsibility for conduct of serving as members.
the tri<ll. An accused enlisted person may also request that one- The accused, on advice of counsel, may exercise what is known
third of the special court be made lip of enlisted personnel. The as a perelllptory challellge of an)' member of the court. If exercised,
cOllvening authority mny grant this if enlisted people with suit<lble the challenged member is dismissed frolll court duties by the pres-
qualifications are nvailable from another unit to sit on the court. ident. No reason for the peremptory challenge need be given. If
All members of <lny court should be senior to the accused. such ch<lllenge reduces the court membership below three, the
The convening authority appoints an otllcer ns trinl counsel to convening authority must appoint another member.
conduct the cnse for the government; this person acts as prosecuting i\·lembers of the special court-martial hear the evidence, deter-
attorney. Another oCHcer is appointed to act .. IS defense coullsel for the mine the guilt or innocence of the "Kcllsed, and, if guilty, render 3
accused. The accused is afforded the right to have their own counsel proper sentence. In 1110St cases, cOlwictions nnd sentences require
for the defense. The accllsed G.\I1 choose n civilian counsel p .. Iid at his a two-thirds majority. Voting is by secret ballot, and all members
or her own expense, military counsel of his or her own selection if must vote.
sllch is reasonably nvailable, or the appointed defense counsel. A speci<ll court-martialm3Y adjudge punishment including a
The senior member of the special court-martial is the presi- bad conduct discharge (13CD), confinement not exceeding twelve
dent, unless a military judge is detailed. Then that person will be months, forfeiture of pay not exceeding two-thirds pay per Illonth
the president of the court, even if the judge is not the senior mem- for lip to twelve months, or (for enlisted) reduction to the lowest
ber assigned. The gr;.,de of the president should be lieutenant or pay grade. Apportionment of punishments may be made as by a
abovC'. The president rules on legal procedures during the trial and summary court-martinI.
instructs the court on the elements of ench offense charged prior A gc/wml collrt-IIlf1rlial is the highest military tribunal. It may
to closure of the court for vote, as well as what constitutes the pre- be convened only by the president, the secretaries of the v"rious
sumption of innocence, reasonable doubt, and burdcll of proof. services, a flag officer in command of a unit or activity of the Navy
13efore closure of the court for the vote all the sentence, the pres- or Marine Corps, a general officer in cOlllmand, the commanding
ident advises it regarding the maximum authorized punishment oilicer of a naval station or larger shore activity beyond the con-
for each offense. If president, the military judge is not considered a tincntallimits of the United States, and other cOlllmanding offi-
member of the court and does not vote on the guilt or innocence cers specifically designated by the president or service secretary. A