Court Martial

For more serious offenses, or if the accused refuses Non-Judicial Punishment, the matter must go to a court-martial.

Summary Court Martial (RsMO 40.065)

• simplified procedure
• minor incidents of misconduct
• conducted by one officer
• limited punishment (fine of not more than $25, reduction to next lower grade, costs)
• accused must consent to Summary Court Martial

Special Court Martial (RsMO 40.060)

• enlisted accused only
• military judge, trial counsel (prosecutor), defense counsel
• minimum of three officers as a jury
• enlisted accused may request jury composed of >= one-half enlisted personnel (Missouri differs from UCMJ)
• accused may request trial by judge alone (no jury)
• sentence limited to fine of no more than $100, reprimand, reduction of non-commissioned officer to any lower grade, bad-conduct discharge, any combination of above, costs

General Court Martial (RsMO 40.055)

• military judge, trial counsel, defense counsel
• minimum of five officers as jury
• enlisted accused may request jury composed of >= one-half enlisted personnel (Missouri differs from UCMJ)
• an officer or enlisted accused may also request trial by judge alone
• maximum penalty may include fine of up to $200; reprimand; dismissal; dishonorable or bad conduct discharge; reduction of a non-commissioned officer to any lower enlisted grade, any combination of above, costs
• pretrial investigation under RsMO 40.114 (Article 32, UCMJ), must be conducted, unless waved by accused