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A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. In capitol cases, there must be at least twelve members on the court. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. … Read more

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A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also … Read more

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Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who is not required to be an attorney or judge. It is frequently a line officer from within the command. The maximum punishment a summary court-martial may impose is considerably … Read more

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There are three types of courts-martial – summary court-martial, special court-martial, and general court-martial. Summary Court Martial Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who is not required to be an attorney or judge. It is frequently … Read more

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In 2005, eight Marines were criminally charged by the Marine Corps in the deaths of 24 Iraqis in the village of Haditha. Despite the evidence against the Marines, the charges against six were later dropped and only one of them was found to be not guilty. On January 9th, prosecutors at Camp Pendleton will begin … Read more

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A service member may also request a Presidential Pardon, the highest form of clemency. Under the first Clause of Article II of the Constitution, the President has the power to grant pardons for those who commit federal offenses. The pardon means that the offense has been forgiven. However, it is important to remember that a … Read more

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An Army officer was suspected of conspiring with another officer to defraud the government of BAH funds. He knew he needed an experienced court martial attorney. After retaining Mr. Cassara, and after Mr. Cassara investigated the matter, no charges were brought against the officer. The matter is now closed and the officer will continue with … Read more

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Some of the most popular questions we receive relate to military parole, clemency, corrections, and pardons. While not exhaustive, the following summaries should help to shed light on these crucial areas of military law. Starting with parole, this entry will then take a close look at clemency, corrections, and pardons. Our office is able to … Read more

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Non-Judicial Punishments (NJP) are specific limited punishments that are handed out for minor to medium-level disciplinary offenses by a commanding officer. Called “Captain’s Mast” or “Mast” in the Navy, “Article 15” in the Army and Air Force, and “Office Hours” in the Marine Corps, these punishments, while not severe, can range from a simple reprimand … Read more

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A General Court-Martial is the most serious level of military courts, above both Summary and Special Courts-Martial. It consists of a military judge, trial counsel, defense counsel, and at least five court members. As with the other Courts-Martial, enlisted accused service members may request a court composed of at least one-third enlisted personnel. Unless the … Read more