Courts-Martial Explained Published Oct. 1, 2014 By Airman 1st Class Chanera Hammonds 366th Fighter Wing Judge Advocate MOUNTAIN HOME AIR FORCE BASE, Idaho -- One of the most serious means of addressing criminal behavior is the court-martial process. If a military member is sentenced at a court-martial they can face jail time, hard labor without confinement, restriction, reduction in pay grade, fines, forfeitures of pay, a reprimand and a punitive discharge. Note: A punitive discharge resulting from a court-martial is different from an administrative discharge, which is similar to an employment decision. An administrative discharge is a force-shaping tool. There are three types of courts-martial: summary, special and general. Courts-martial differ in their make-up and the type of punishments they can adjudge. Any violation of the Uniform Code of Military Justice can be tried by a court-martial. The same rules of evidence apply to all courts-martial. In order to find a member guilty, the standard of proof is, "beyond a reasonable doubt." If the evidence provided is not enough to reach this standard, the member must be found "not guilty." Summary Court-Martial A summary court-martial consists of one commissioned officer sitting as the judge. This court can only try enlisted personnel for noncapital offenses. The punishment imposed depends upon the grade of the accused. All enlisted members can receive restriction to specific limits for up to two months, and forfeitures of up to two-thirds of one month's pay. Staff Sergeants and above cannot be sentenced to confinement or hard labor without confinement, and can only be reduced to the next stripe below their current grade. Senior Airman and below can receive confinement for up to one month and grade reduction to Airman Basic. The accused has the right to refuse trial by summary court-martial, the right to cross-examine witnesses, the right to call witnesses and produce evidence, and the right to testify or remain silent. Compared to the other two types of courts-martial the punishment options are light. Summary courts-martial, as the name implies are designed to be done quickly. Special Court-Martial A special court-martial consists of three or more members (jurors) and a military judge. The accused may elect to be tried by military judge alone. This court can try both officer and enlisted personnel. A special court-martial can sentence an enlisted member to confinement for up to one year, hard labor without confinement for up to three months, forfeitures of pay up to two-thirds pay per month for one year and reduction to the grade of E-1. Officers can only be sentenced to a forfeiture of pay at a special court-martial. As such, most officers are tried at a general court-martial to allow for additional punishment options. General Court-Martial A general court-martial consists of five or more members and a military judge. The accused may elect to be tried by military judge alone. A general court-martial is reserved for felony offenses and may try all persons subject to the UCMJ. All sexual assault cases tried must be tried at a general court-martial. A general court-martial may give any punishment not prohibited by the UCMJ and can even sentence a member to death depending on the nature of the offense. Punishments at a general court-martial can include confinement for more than one year, a dishonorable discharge or a bad conduct discharge for enlisted personnel, a dismissal for officers and forfeitures of all pay and allowances. The military courts-martial process allows a judge or panel to evaluate all of the evidence, assess witness credibility, determine the verdict and adjudge an appropriate punishment. It's an adversarial process whereby each party, the Government and the Department of Defense, zealously represents their clients in order to ensure justice.