Trials by Court-Martial (Summary, Special or General)

 

Summary Court-Martial (SCM)

A SCM is the least-severe type of court-martial. It is an informal proceeding used to try enlisted Soldiers only for minor offenses that cannot or should not be addressed by nonjudicial punishment. It is also used to try enlisted Soldiers who refuse to accept an Article 15. In a SCM, a commissioned officer (who is normally not a lawyer) hears the case, makes a finding of guilt or innocence, and imposes punishment. There is no trial counsel (prosecutor) and the accused does not have the right to be represented by defense counsel. However, the accused does have the right to consult with defense counsel beforehand. He may also retain a civilian attorney at his own expense.

If you are facing a summary court-martial, you have the right to discuss your case with Trial Defense Services. 
Click here to submit a Request for Counsel.

The maximum punishment that may be imposed by SCM is any combination of the following:

  1. Verbal or written reprimand

  2. Fine of up to $200.00 per offense

  3. Confinement in a county jail for a maximum of 25 days

  4. Forfeiture of all pay and allowances for a maximum of 25 days/UTAs

  5. Reduction by one enlisted grade if the SCM convening authority had the authority to promote the accused to his present grade

 

Special Court-Martial (SPCM)

A SPCM is a formal trial similar to a civilian criminal court, with one or more trial counsel (prosecutors), defense counsel and a military judge, all of whom are members of the Judge Advocate General's (JAG) Corps. There may also be a jury consisting of three or more military members. It is used to try both enlisted Soldiers and officers for serious offenses that cannot or should not addressed by nonjudicial punishment or a SCM. The accused has the right to be represented by defense counsel, or he may retain a civilian attorney at his own expense.

If you are facing a special court-martial, you have the right to be represented by Trial Defense Services.
Click here to submit a Request for Counsel.

The maximum punishment that can be imposed by SPCM is any combination of the following:

  1. Verbal or written reprimand

  2. Fine of up to $300.00

  3. Confinement in a county jail for a maximum of 100 days

  4. Forfeiture of all pay and allowances for a maximum of 100 days/UTAs

  5. Reduction to the lowest enlisted grade (enlisted only)

  6. Bad conduct discharge

 

General Court-Martial (GCM)

A GCM is the most serious type of court-martial. It is a formal trial like a SPCM. It is used to try both enlisted Soldiers and officers for offenses so severe that they cannot or should not be addressed by a SPCM. The accused has the right to be represented by defense counsel, or he may retain a civilian attorney at his own expense.

If you are facing a general court-martial, you have the right to be represented by Trial Defense Services.
Click here to submit a Request for Counsel.

The maximum punishment that can be imposed by GCM is any combination of the following:

  1. Verbal or written reprimand

  2. Fine of up to $500.00

  3. Confinment in a county jail for a maximum of 200 days

  4. Forfeiture of all pay and allowances for a maximum of 200 days/UTAs

  5. Reduction to the lowest enlisted grade (enlisted only)

  6. Dismissal (officers only)

  7. Dishonorable discharge