Written by attorney Stephen Carpenter Jr.

What Decisions Need to be Made by the Defendant Facing a Court-Martial?

The military accused has four primary choices to make during the Court-martial process, which should be discussed with their attorney.

Additional resources provided by the author

The Right to Decide How the Court Should be Composed The accused has the opportunity to decide the makeup of their panel. They are able to pick from either exclusively having officers to be on the panel, or they can opt for just a judge instead. This decision should obviously be case dependent. A technical defense may be better suited to a judge rather than a panel, for instance. It’s often thought that a panel is more likely to hand out a more lenient sentence. However, it is best to base any decisions on individual circumstances rather than generalizations.

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