The composition of a special court-martial
is: "(A) [n]ot less than
Each case is different, but the bottom line is that only 0-6s or above with special court-martial
convening authority will be making the initial disposition on these types of sexual assault cases," Vernon said.
authorities in any forum below a special court-martial
will not trigger
In October, Fort Lewis officials announced that Swift would face a special court-martial
that could have resulted in a yearlong confinement.
Those of us who were judge advocates before the Military Justice Act of 1968 grew to accept the thought of soldiers being confined for six months as the result of a special court-martial
with no lawyers in the courtroom.
4 that Swift, who is charged with failing to deploy and being absent without leave, would be referred for a special court-martial
, but no trial date was set at that time.
The charges against Henderson, including the charge of willfully hazarding a vessel in violation of Article 110, UCMJ, were referred to a special court-martial
by the commanding officer of the USS TARAWA, an officer who exercised only special court-martial
Douglass decided that one way to achieve Prugh's goal of improving the image of judge advocates in the Army would be to create a legal education program for lieutenant colonels and colonels about to assume duties as special court-martial
(SPCM) convening authorities, and brigadier generals and major generals programmed to serve as general court-martial (GCM) convening authorities.
James Dubik referred Swift, a military police specialist who grew up in Eugene, for a special court-martial
on two counts: being absent without leave and missing movement, a charge brought against soldiers who fail to deploy when their units are assigned to travel.
The confirming authorities are: the Minister of Defense in the case of a sentence imposing the death penalty; the Chief of Staff in the case of a sentence of the Military Court of Appeals or of a special court-martial
(which is competent to try officers of the rank of Lieutenant Colonel or higher, and officers who are charged with offenses for which the death penalty may be imposed); and the relevant District Chief in the case of any other court-martial at first instance.
The only time a commander should consider SCM is when the first-time offense was so egregious that the extra punishment of "jail time" is worth the extra time and effort needed to conduct a SCM, yet not too egregious for a special court-martial
that the Soldier does not deserve more than thirty days' confinement.
I remembered that scene in recent days as President Bush, Defense Secretary Donald Rumsfeld and other White House and Pentagon lever-pullers insisted that, despite abundant evidence to the contrary, the abuses at Abu Ghraib prison were the fault of "a few bad apples" - renegade soldiers such as Jeremy Sivits, the soldier from Pennsylvania who pleaded guilty last week in a special court-martial