General Court Martials in Honolulu

What to Expect from a General Court Martial

Most GCM courts consist of the following:

• Military judge
• Trial counsel prosecutor
• Defense counsel attorney
• Officer panel (5+ members)

As the accused in a general court martial, you may request for one-third of your court to be comprised of enlisted personnel, or even by trial judge alone. In most cases, the accused must be enlisted in order to obtain these requests—if you are not enlisted, you may not successfully request these provisions in a general court martial.

The general court martial procedure includes:

• Pre-trial investigation (UCMJ Article 32)
• Detention (UCMJ Article 10 & 13)
• Composition/selection of court (UCMJ Article 25)
• Trial, post-trial review, and appeals

General Court Martial Punishments & Penalties

GCM convictions can result in the harshest punishments, such as:

• Confinement for a year or more
• Bad conduct discharge
• Dishonorable discharge
• Officer dismissal

Death is a potential punishment for a general court martial offense, if all members of the court unanimously agree on the sentence. No punishment for a military crime could be more serious than a death sentence. In addition, not all sentences may be appealed or dismissed; the convening authority is not able to reduce or dismiss convictions for rape, sexual assault, sodomy, including crimes involving children.

Common Offenses Addressed by GCMs

For a case to warrant a GCM, the offenses usually must be more serious than simple misconduct infractions. General court martials are reserved for offenses that are criminal in nature and, in a civilian environment, would often be considered serious felonies.

Common offenses in GCMs include:

• Homicide
• Assault and battery
• Rape
• Sexual assault
• Drug distribution
• Larceny or other high value theft