Government - military law
Military law jargon
Military Law has its own vocabulary. Here are some commonly used terms and their definitions.
Accused - the defendant.
Article 15 - Non-judicial punishment imposed by a commanding officer. Also may be referred to as "NJP", "Mast",
and "Office hours", depending upon the service. A person subjected to Article 15 punishment can refuse it in
certain cases, which may lead to a court-martial. A court-martial cannot be refused. Refers to Article 15 of the
Uniform Code of Military Justice (the "UCMJ") found at 10 U.S.C. 815.
Article 32 - A formal investigation required before a case may be referred to a general court-martial. Sort of
like a grand jury, but the accused gets to attend and participate. Refers to Article 32 of the UCMJ, 10 U.S.C. 832.
Can be waived.
BCD - Bad Conduct Discharge, the "Big Chicken Dinner." Next to worst type of punitive discharge.
Convening Authority - Commanding officer of an organization who convenes or authorizes a courts-martial. Sort of
like a district attorney but not a lawyer. See UCMJ Art. 22 - 24, 10 U.S.C. 822- 824.
DD - Dishonorable Discharge. The worst type of punitive discharge.
General Court-Martial (GCM) - the most serious court-martial, can award any authorized punishment, including
death in capital cases. Requires a Military Judge, at least 5 members, trial and defense counsel. This is sort of
like a State Superior Court or Trial Division of a Supreme Court - it gets the big felony cases. UCMJ Art. 16 and
18, 10 U.S.C. 816 and 818.
Members - members of the court - the jury.
Military Judge - a senior military attorney appointed by the Judge Advocate General to serve as judge in a
court-martial. Works directly for the Judge Advocate General and is thus independent of the military chain of
command. UCMJ Art. 1 and 26, 10 U.S.C. 801 and 826.
Special Court-Martial (SPCM) - Two types - BCD and non-BCD. BCD special can award 6 months confinement, 6 months
forfeiture of pay and a BCD ("Six, Six, and a Kick"). Military judge, at least 3 members, trial and defense
counsel. A non-BCD special cannot award a BCD. Sort of like a State District Court that tries less cases and can
provide relatively limited punishment. UCMJ Art. 16 and 19, 10 U.S.C. 816 and 819.
Staff Judge Advocate (SJA) - legal advisor to the convening authority. Usually works directly for the convening
authority. Sort of like a district attorney in function, but final decisions are made by the convening authority.
Usually a senior military lawyer with extensive experience. May supervise a large staff of attorneys, including
trial counsels, but not defense counsel. UCMJ Art. 34 and 60(d), 10 U.S.C. 834 and 860(d).
Summary Court-Martial (SCM) - One officer court, no military judge, very limited punishment - 30 days
confinement. Can be refused in some circumstances - which will often get you a Special Court-Martial - an offer you
cannot refuse. Sort of like a Justice of Peace or Magistrates Court. UCMJ Art. 16 and 20, 10 U.S.C. 816 and
TJAG - The Judge Advocate General. Top military lawyer of the service concerned. Either a general or admiral.
There are some differences for the Marine Corps and Coast Guard, but they do not matter in practice. UCMJ Art. 1,
10 U.S.C. 801.
Trial Counsel - prosecutor.
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