THE GENERAL COURT-MARTIAL TRIAL

A GCM may try any person subject to the Code for any offense made punishable under the Code. GCMs also may try any person for a violation of Articles 83, 104, and 106. Upon a finding of guilty of an offense made punishable by the Code, GCMs may, within limits prescribed in the MCM, adjudge any punishment authorized under R.C.M. 1003. The death penalty may not be adjudged if not specifically authorized for the offense by the Code or the case has been referred as noncapital. The GCM composed only of a military Judge does not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been referred as noncapital. In essence, this means the death penalty may not be imposed by a military judge, it must be imposed by a court composed of members.

TRIAL PROCEDURES

As you have just learned, there are ^{prerequisites} to convening a GCM. Once an Article investiga(ion has been conducted and a case is referred to a ³² GCM, the actual procedure of the trial is the same as that of an SPCM. However, there are some differences between a GCM and an SPCM in composition and qualification of parties.

A GCM is composed of a military judge and not less than five members or except for in capital cases a military judge alone, if requested and approved.

The military judge of a GCM is designated for such duties by the Judge Advocate General, certified to be qualified for duty as a military judge of a GCM and is assigned and directly responsible to the Judge Advocate General.

There is no difference in the qualifications of any person who may be assigned to act as a member in a GCM. The only difference is that there must be a minimum of five members appointed. If the accused elects to be tried by a court composed of enlisted members, then the GCM must consist of at least two enlisted members.

As in an SPCM, a DC or associate DC must be certified under Article 27(b), UCMJ, to perform the duties of DC at a GCM. However, unlike the SPCM the TC only need be a commissioned officer, in a GCM the TC must be a person certified by the Judge Advocate General under Article 27(b) to perform such duties.

SUMMARY

This chapter has given you the insight needed to understand how summary, special, and general courtmartials work. As a Legal man you will be involved in court-martial proceedings whether it is from the convening authority level or at a NLSO where you will be involved in some aspect of the trial proceedings itself. The information found in this chapter should become second nature to you as you gain experience in the Legalman rating and process cases for court-martial.