Military Courts Martial are criminal trials convened by the United States Military for violations of the Uniform Code of Military Justice (UCMJ).
Courts Martial are used by all military services to prosecute criminal offenders.
The UCMJ and court-martial process applies primarily to all military service members. However, there are over 10 categories of individuals who may be subject to UCMJ action including:
- prisoners of war
- military prisoners
- certain classes of civilians
These groups are subject to the jurisdiction of the military justice system no matter where the incident occurs. Court-martial are also used in territories occupied by Soldiers enforcing martial law, or in military tribunals.
Types of Court-Martials:
A court-martial is run similar to a civilian criminal trial
Each side is represented by lawyer; there is a full presentation and cross-examination of evidence and testimony, motions practice and arguments.
Trials by court-martial are presided over by a military judge. An accused subject to prosecution by court-martial may have his case decided by a judge sitting alone or a panel of his peers (enlisted or officer panel).
It is the accused’s right and decision as to who will decide his case, judge or panel. In panel cases, the trial is still presided over by a Military Judge who serves as a gatekeeper of evidence, referees the proceedings and instructs the panel on applicable law.
The panel, however, then makes determinations of fact, that is, whether an accused is guilty or innocent; and if necessary, also determines the applicable sentence for offenses for which the accused is found guilty. Court-martial proceedings may be conducted in any location, including tents, prisons, and outdoors if necessary, and are often held in both garrison and deployed environments.
Attorney Calcagni has extensive experience with representing service members during the court-martial process
He acquired much of his experience while serving as a military prosecutor, senior military prosecutor and also military defense counsel. He now used his vast knowledge and experience with the military justice system representing members of the armed forces who are facing prosecution.
He provides these legal services to service members in all branches of the Armed Forces, serving in garrison or deployed/mobilized environments, both stateside and overseas. Attorney Calcagni carefully selects the military justice cases that his office handles to ensure that he is able to devote his time and expertise to each client to ensure that justice is served in each case. If you are a service member who has been accused of or charged with a military criminal offense, call Attorney Calcagni for a free consultation today.
Contact Former JAG Corps Prosecutor and court-martial Defense Attorney John L. Calcagni by email or call today at (401) 351-5100 to schedule a free consultation.