Page 74 - NAVAL SCIENCE 3 TEXTBOOK

:"1I L1TARY I.A\\' 79

general court-martial consists of a military judge and at least tive A ilnding of any court-martial that awards severe punish-
members. Enlisted members may serve on the court if the acclised ment such as it bad conduct discharge lllust be sent beyond the
requests. As with a special court-martial, the accused may request officer exercising genernl court-martini jurisdiction to the Office of
in writing, subject to the approval of the military judge, that the the Judge Adl'ocote Geneml (JAG) of the NO'T. There, 0 Court of
case be heard by the military judge alolle. Military Review consisting of a three-judge appellate review panel
A general court-martial has jurisdiction to try persons sub- carefully reviews every case in which an approved sentence affects
ject to the UCMJ lor allY offellse pUllishable by the code. A gell- ;:1 flag officer. or in which a sentence imposing the death penalty,
eral court-martial m;1)' also try any person who might be subject to dismissal of an officer. a dishonorable or bad conduct discharge. or
trial by military tribunal, including civilians in situations in which confincment for one year or more has been imposed.
martial !..,w has been officii1lly declared because of a breakdown of Above the Court of Military Review is a "supreme court" of
normal civilian authority. military justice, the Court of Military Appeals. This court is COIll-
Court procedures and responsibilities of the judge and mem- posed of three civilian judges appointed by the president and con-
bers of the court and counsel arc the same as in <1 special court- finned by the u.s. Senate. An offender whose conviction has been
martial. The principal difference between the two is the greater upheld by the Court of Militory Review hos the right to petition
severity of punishment possible in the general court-martial. the Court of rdilitill")1 Appeals to revicw the case. Such appeals arc
These include all those pUllishments authorized in the UC;vl} not automatic. If the petition is granted, the convicted person is
for the offellses the accused is found to have committed. These entitled to a lawyer who will prepare a brief and argue the case
include death (for desertion in time of war. lllutiny, sedition, or before the court. Civilian counsel may be employed if desired.
spying), confinement for life, dishonorable discharge, bad conduct
discharge, dismissal of an officer, and total forfeiture of pay during
Civil Jurisdiction
the remi1ining period of a person's obligated service.
Military service does not free a person from the obligation to obey
laws governing the civilian population when he or she is among
Review of Courts-Martial
thelll. j\·lilitary personnel are subject also to civil courts when
J\fter a court-martial hits been completed, the convening author- they arc within civil jurisdiction. In general, offenses committed
ity performs i:lll automatic review of each court-martial they con- by a service persoll off base in civilian clothes against a civilian,
v('ne to see that the trial court acted correctly, the accllsed person or against some element of the civil government, lack the neces-
was not denied <1l1y rights to which they were entitled, and nny sen- sary service connection to make them milititry offenses punishable
tence adjudged was not illegal or too severe. Recommendations under the UC\ 'lJ. Since there arc milny possible sets of circum-
from <l statT judge advocate or legal officer will be given as neces- still1CeS, it is often necessary for a court to make the determination
sary. After this careful review the convening nuthority may approve as to whether or not the ofiense was service connected.
or disapprove the findings "nd sentence. and change either or Examples of civil cases of this type that have occurred include
both of them. He or she may reduce or suspend the sentence, or not paying personal debts, wrecking a borrowed car. damaging
change it to a different aile providing the severity of the pUllish- furniture in a hotel, speeding on city streets, assault, and disor-
ment is not increased. \Vhen a trial results in an acquittal (finding derly conduct Ollt of uniform in a public place. \·Vhile these cases
of not guilty), the convening authority may not change it, or send may initially fall strictly within civilinn jurisdiction, they mny also
the case back for retrial. become involved with military la\\'o For instance, suppose a speed-
Tllis review process is similar to the appeal in a civilian court ing, drunken, and disorderly charge is filed by the loco I police, ond
cOllviction, except that in the military the review is done by higher the service person is held in jail pending disposition of the case. If
authority in the chain of command, and is automatic. An appeal of a that imprisonment extends beyond the time of authorized leave or
civilian court conviction is made to a higher court ill the system, and liberty, the service person is then chorgeable under the UCMJ for
will only be granted if reasonnble grounds for olle can be shown. unauthorized absence. Additionally, the person could be charged
In the case of a sUlllmary or special court-martial, the convening under Article 111 for drunken or reckless driving and under the
authority forwards the trial record, along wilh recommendations, General Article lor bringing discredit upon the Navy.
to the next superior \\'ith gellernl cOllrt-martial jurisdiction for that If it service member is held by civil authorities, immediate steps
officer's review. There, the staff legal officer furnishes a second legal should be taken to noti ~1 the commanding officer. If the person is
opinion on the case. The senior may overridc the convening author- acquitted of the charges, military charges normally will not be filed
ity's recommendation if .. 1Il error is fC)llnd, call tor a retrial, set aside for the period of enforced absence. If the accllsed is fOllnd gui1ty
in whole or in part findings of guilt and the sentence, or mitigate or and detained, the entire period of absence is considered as lost time
slIspend an)' part of an unexecuted portion of the sentence. Again, for pay purposes, and that period is charged as unexcused absence.
an acquittal m<l), not be changed, nor any punishment increased.