{"id":1303271969,"date":"2026-06-03T21:19:05","date_gmt":"2026-06-03T21:19:05","guid":{"rendered":"https:\/\/www.gapasinlaw.com\/what-is-a-special-court-martial"},"modified":"2026-06-03T21:19:05","modified_gmt":"2026-06-03T21:19:05","slug":"what-is-a-special-court-martial","status":"publish","type":"post","link":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/?p=1303271969","title":{"rendered":"What Is a Special Court-Martial?"},"content":{"rendered":"

What Is a Special Court-Martial?<\/a><\/h1>\n

Posted by Ernesto Gapasin<\/a> | Oct 15, 2015<\/span> | 0 Comments<\/span><\/p>\n

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What is a special court-martial, and why is it so special?<\/em> At the intermediate level of the military court system, special courts-martial are used to try members of the military who have committed minor crimes, which can be likened to civilian misdemeanors. The potential punishments are not as severe as those you might find in a general court-martial (where personnel accused of major crimes are tried),<\/em> but they are more significant than the punishments found in summary courts-martial<\/a>. To help you better understand special courts-martial, today we’ll answer some common questions regarding the procedures, the possible punishments, and the rights of the accused.<\/p>\n

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What Is a Special Court-Martial?<\/h2>\n

Who is present at a special court-martial?<\/strong><\/p>\n

Of course the accused will attend with their counsel, also known as the defense counsel. In addition, there will be a military judge, trial counsel (i.e., the prosecutor), and at least three officers acting as members (i.e., jurors). If the accused is enlisted, he or she can request that at least one-third of the jury be composed of enlisted personnel. In addition, if they prefer, the accused can request to be tried by a judge only.<\/p>\n

What are the potential punishments?<\/strong><\/p>\n

Different offenses have different potential punishments, but the maximum punishment for someone found guilty by special court-martial would include all of the following:<\/p>\n