Courts-martial of the United States

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Courts-martial of the United States are trials conducted by the U.S. military or by
state militaries. Most commonly, courts-martial are convened to try members of the U.S.
military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is
the U.S. military's criminal code. However, they can also be convened for other
purposes, including military tribunals and the enforcement of martial law in an occupied
territory. Federal courts-martial are governed by the rules
of procedure and evidence laid out in the Manual for Courts-Martial, which contains the
Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-
martial are governed according to the laws of the state concerned. The American Bar
Association has issued a Model State Code of Military Justice, which has influenced the
relevant laws and procedures in some states.
Courts-martial are adversarial proceedings, as are all United States criminal courts.
That is, lawyers representing the government and the accused present the facts, legal
aspects, and arguments most favorable to each side; a military judge
determines questions of law, and the members of the panel (or military judge in a judge-
alone case) determine questions of fact.
State National Guards (air and army), can convene summary and special courts martial
for state-level, peacetime military offenses committed by non-federalized Guard Airmen
and Soldiers, in the same manner as federal courts martial proceed. The authority for
State National Guards to convene courts martial is under Title 32 of the US Code.
States that have militaries (State Guards) outside the Federally regulated National
Guard convene courts-martial by authority of state laws.

Contents

 1Historical development
o 1.181st Congress sets out to create the UCMJ
o 1.2Subsequent measures in Congress on UCMJ
 2Constitutional foundation for federal courts-martial
 3Types of courts-martial
o 3.1Summary court-martial
o 3.2Special court-martial
o 3.3General court-martial
 4Court-martial process
o 4.1Detention before trial
o 4.2Composition of courts
o 4.3Burden of proof
 5Appeals
o 5.1Convening authority review
o 5.2Intermediate service courts of criminal appeals
 o 5.3Court of Appeals for the Armed Forces
o 5.4Request for pardon
 6Courts-martial and appellate courts as legislative (Article I) courts
 7Access to the U.S. Supreme Court after appeals
 8See also
 9References
 10Further reading

Historical development[edit]
From the earliest beginnings of the United States, military commanders have played a
central role in the administration of military justice. The American military justice system,
derived from its British predecessor, predates the Articles of Confederation and the
Constitution. While military justice in the United States has evolved considerably over
the years, the convening authority has remained the instrument of selecting a panel for
courts-martial.
Tribunals for the trial of military offenders have coexisted with the early history of
armies.[1] The modern court-martial is deeply rooted in systems that predated written
milit