Legal Definitions - military offense

Definition: A military offense is a violation of the Uniform Code of Military Justice that falls under the jurisdiction of a military court. Examples of military offenses include desertion and other crimes committed by members of the armed forces.

A court-martial is a type of military court that is convened to try individuals accused of violating military law. There are three types of courts-martial:

• Summary court-martial: This is the lowest level of courts-martial and is presided over by a single commissioned officer. The officer has limited jurisdiction and can only impose certain sanctions.
• Special court-martial: This is an intermediate level of courts-martial and is presided over by a military judge and at least three members who serve as jurors. This court can hear noncapital offenses and prescribe sanctions such as hard labor, dismissal, or extended confinement.
• General court-martial: This is the highest level of courts-martial and is presided over by a military judge and at least five members who serve as jurors. This court has jurisdiction over all members of the armed forces and can impose severe punishments.

For example, if a soldier is accused of desertion, they may be tried in a court-martial. Depending on the severity of the offense, they may face a summary court-martial, a special court-martial, or a general court-martial. The court will determine the appropriate punishment, which may include confinement, dismissal from the military, or even the death penalty.