Originally Posted by theking

You are correct about not walking away untouched...which is different than being found guilty.

The way a military Courts Martial goes is as follows.

A troop is accused of a violation of the UCMJ.

The CA (Convening Authority which is usually the troop's CO (Commanding Officer or his sucessor) carries out an initial investigation...usually via members of his Command...or on occasion via Military or civilian law enforcement officers.

Once the investigation is completed the CA has multiple choices he can make...including taking no action.

If the CA determines that the investigation merits charges...based upon the seriousness of the charges...one of three types of Courts Martials will be recommend...with a General Courts Martial being the most severe of the three.

One of the specifics of why a General Courts Martial is fairer than the civilian system is an Article 32 hearing must be held. An Article 32 hearing is the equivilent of a civilian Grand Jury hearing.

In the civilian system a Grand Jury hearing is not always applied...where as in the Miltary system it is mandantory.

In the civilian Grand Jury a defendent is not allowed legal representation...and it is held in secret.

In an Article 32 hearing the accused is not only allowed legal representation but his Military Attorney as well as his civilian Attorney (the accused may choose to select a Military Attorney of his choosing or a Military Counsel who could be a non attorney...etiher at no expense to himself...and he may also hire a civilian attorney but at his expense) is afforded the opportunityto examine the evidence presented against him, cross-examine witnesses and present his own arguments.

The recommendations by the Article 32 Investigating Officer...are then reviewed once more...unlike a civilian Grand Jury...by the CA and his legal advisor.

Once again the CA can choose to take no action.

If the CA recommends that the Courts Martial proceed...the accused has the right to choose the composition of the court-martial or whether he is to be tried by a military judge alone, a military judge and members or a panel of members. Enlisted service members have the choice to request that the member?s panel include enlisted members...then even after the Courts Marial proceeding is over...the results are once again reviewed by the CA.

Once again the CA has options...such as reducing whatever sentences were meted out...and after his review...the results are reviewed at other higher levels...and the sentencing can be reduced...all the way up to the Commander in Chief...who can commute the sentence in its entiriety if he so chooses. Much as President Nixon did in Lt. Calley's case.