Court-martial

A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. They are generally found in all countries with militaries to try members of the military for breaches of military discipline. In addition, they may be used to try enemy prisoners of war for war crimes, and the Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding army's own soldiers.

Courts-martial in the United States

See: Courts-martial in the United States

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As in all United States criminal courts, courts-martial are adversarial proceedings. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side. In doing so, they follow the rules of procedure and evidence. Based upon these presentations, the judge decides questions of law. The court-martial members apply the law and decide questions of fact. Only a court-martial can determine innocence or guilt. General and special court-martial convictions are equivalent to federal court convictions.

Related Topics:
United States - Adversarial proceeding - Government - Fact - Innocence - Guilt

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There are three types of courts-martial—summary, special and general.

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