According to ProPublica and the Texas Tribune, soldiers accused of sexual assault are less likely to be placed in pretrial confinement than those accused of drug offenses.
Data from the U.S. Army Court-Martial Information System shows that the pretrial confinement rate for sexual assault is 8% and 18% for drug offenses.
What is a special court-martial? A special court-martial (SPCM) is the second most serious court-martial. It is a “misdemeanor-level” court-martial, with consequences such as rank reduction to E-1, fines or forfeitures, a Bad-Conduct Discharge (BCD), and jail confinement for one year or less.
This article will help you better understand how special court-martial proceedings take place and how a conviction can affect your future.
Overview of Special Court-Martial
A special court-martial is one of three kinds of courts-martial set up to try military offenses, acting as the middle ground between a summary court-martial and a general court-martial.
Offenses in special courts-martial are deemed as lighter than those in general courts-martial. Special courts-martial, like general courts-martial, are presided over and decided by a panel of military members or a military judge.
If you are a uniformed person facing criminal charges, you need to understand your rights and what could happen under a sentence in a special court martial so you can better understand the system and strategize a credible defense.
Types of Offenses Addressed
Special courts-martial address military offenses that are less severe than those of general courts-martial.
Specific offenses may include a military member’s absence from duty without authority, contempt, disrespect to a commissioned officer, or minor drug offenses.
A defendant can know the type of charges that can be tried at a special court-martial so they can deal with the court proceedings.
Procedural Steps in Special Court-Martial
To effectively manage a special court-martial for a military offense, anyone facing one must have a thorough understanding of the procedures involved.
One of the steps involved is the preferral of charges, which is a formal notification of the allegations made against the defendant.
The Article 32 preliminary hearing is an investigatory step that occurs before a court-martial. It allows the defense to review the evidence and question witnesses.
The hearing gives the accused the opportunity to challenge the evidence but keep in mind that it does not determine guilt.
Instead, an investigating officer makes a recommendation on whether the case should proceed to a court-martial. The accused may request a private session during this phase.
The final determination of guilt or innocence occurs during the formal trial, in which the judge and panel members decide the outcome.
You may bring witnesses and evidence during the defense stage. The panel deliberates and issues the judgment by the end of closing arguments. A sentence is served once found guilty.
Rights of the Accused
As a defendant, you should become acquainted with your rights so that you are aware of the charges brought against you.
You are entitled to a fair and impartial trial in which you can present your evidence and challenge the credibility of the opposing party’s witnesses.
If you are accused of a military crime, you need to seek the guidance of a skilled lawyer specialized in handling special court-martial cases. You can also ask the court for a delay so that you can thoroughly prepare for trial.
Possible Outcomes and Sentences
In a court-martial, the punishment is proportionate to the severity of the offense committed.
Once convicted, you could face consequences such as demotion, forfeiture of pay, or a dishonorable discharge. On certain occasions, the defendants may qualify for probation or treatment.
Understanding the potential outcomes and severity of your offense can help you prepare ahead of time. Knowing what to expect allows you to plan an appropriate course of action for protecting your rights.
Invest in a competent military defense lawyer to build a strong defense and make informed decisions at each stage of the special court-martial.
A military defense attorney can help you gather evidence and understand the potential penalties and their impact on your future.
Being proactive and well-informed improves your chances of reaching a favorable outcome, whether through negotiation, plea bargaining, or trial.
