www.crs.gov | 7-5700
November 16, 2016
Defense Primer: The Uniform Code of Military Justice (UCMJ)
Under Article I, Section 8 of the U.S. Constitution,
Congress has the power to raise and support armies;
provide and maintain a navy; and provide for organizing
and disciplining their members. Under this authority,
Congress has enacted the Uniform Code of Military Justice
(UCMJ), which is the code of military criminal laws
applicable to all U.S. military members worldwide.
The President implemented the UCMJ through the Manual
for Courts-Martial (MCM), which was initially prescribed
by Executive Order 12473 (April 13, 1984). The MCM
contains the Rules for Courts-Martial (RCM), the Military
Rules of Evidence (MRE), and the UCMJ. The MCM
covers almost all aspects of military law. Military courts are
not considered Article III courts, but instead are established
pursuant to Article I of the Constitution and, as a result, are
of limited jurisdiction.
Jurisdiction
The UCMJ gives courts-martial jurisdiction over
servicemembers as well as several other categories of
individuals. Jurisdiction of a court-martial does not depend
on where the offense was committed; it depends solely on
the status of the accused (e.g., an active duty
servicemember or a member of the National Guard when in
federal service).
Types of Offenses
Courts-martial try “military offenses,” which are listed in
the punitive articles of the UCMJ and are codified in 10
U.S.C. §877 et seq. Some “military offenses” have a
civilian analog, while others are exclusive to the military.
The President is authorized to prescribe the punishments
that a court-martial may impose within the limits
established by Congress. For offenses specifically not
covered by the UCMJ, the Armed Forces have used Article
134 to assimilate state and federal criminal laws in order to
impose court-martial jurisdiction. The potential
punishments for such violations generally match those
applicable to the corresponding civilian offense.
Types of Courts-Martial
Congress, in creating the military justice system,
established three types of courts-martial: (1) summary,
(2) special, and (3) general. While the promulgated RCM
and the MRE are applicable to all courts-martial, the
jurisdiction and authorized punishments vary among the
different courts-martial types.
Summary Courts-Martial
The summary court-martial can adjudicate minor offenses
allegedly committed by enlisted servicemembers. Summary
courts-martial are composed of one commissioned officer
who need not be a lawyer. The accused must consent to the
proceedings and normally is not entitled to a lawyer. If an
accused refuses to consent to a trial by summary court-
martial, a trial may be ordered by special or general court-
martial, as may be appropriate, at the discretion of the
Convening Authority (CA). A summary court-martial can
adjudge maximum punishments of 30 days’ confinement;
hard labor without confinement for 45 days; restriction to
specified limits for 45 days; forfeiture of two-thirds’ pay
per month for one month; and reduction to the lowest pay
grade. In the case of enlisted members above pay grade E-4,
the summary court-martial may not adjudge confinement or
hard labor without confinement, and can only reduce the
member to the next lower pay grade.
Special Courts-Martial
The special court-martial can try any servicemember for
any noncapital offense or, under presidential regulation,
capital offenses. Special courts-martial generally try
offenses that could be considered misdemeanors under
civilian or federal law (offenses punishable by less than one
year in confinement). The accused is entitled to an
appointed military attorney or a military counsel of his or
her selection (at no cost to the servicemember), or the
accused can personally hire and pay for a civilian counsel.
Regardless of the offenses tried, the maximum punishment
allowed at a special court-martial is confinement for one
year; hard labor without confinement for up to three
months; forfeiture of two-thirds’ pay per month for up to
one year; reduction in pay grade; and a bad-conduct
discharge.
General Courts-Martial
A general court-martial is the highest trial level in military
law, and is usually used for the most serious offenses. Prior
to convening a general court-martial, a preliminary hearing
must be conducted. Known as an Article 32 hearing, it is
meant to ensure that there is a basis for prosecution. As
with the special court-martial, the accused is entitled to an
appointed military attorney or a military counsel of his or
her selection (at no cost to the servicemember), or the
accused can personally retain and pay for civilian counsel.
It can adjudge, within the limits prescribed for each offense,
a wide range of punishments to include confinement;
reprimand; forfeitures of up to all pay and allowances;
reduction to the lowest enlisted pay grade; punitive
discharge (bad-conduct discharge, dishonorable discharge,
or dismissal); restriction; fines; and, for certain offenses,
death.
Post-Trial Review
Convictions at a general or special court-martial that
include a punitive (bad-conduct or dishonorable) discharge
are subject to an automatic post-trial review by the CA.
Upon review of the record of trial and the Staff Judge
Advocate’s recommendation, the CA may, among other
remedies, suspend all or part of the sentence, disapprove of
