Posted: 12/22/2003 11:11:04 AM EST
I know that a military court marshal conviction = federal conviction.
Does this mean that all court marshal convictions are felony convictions?
Also, isn't there a certain level of felony that does away with your RKBA or is it any conviction?
No, not all court martial convictions are felony convictions. Based on what I just looked up, there are misdemeanor and felony court martial crimes. Its only under Federal jurisdiction, its not like your regular civilian committing a federal (felony) offense.
Article 16 of the UCMJ provides for three different types of courts-martial: summary, special, and general. These forms of courts-martial differ in their make-up and the punishments which may be imposed.
A summary court-martial consists of one commissioned officer, and may try only enlisted personnel for noncapital offenses. The punishment which may be imposed depends on the grade of the accused.
In the case of enlisted members above the fourth pay grade, a summary court-martial may impose restriction for no more than two months, forfeiture of two-thirds of one month's pay, and reduction to the next inferior pay grade.
In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month and may reduce the accused to the lowest pay grade, E-1.
The accused has the absolute right to refuse trial by summary court-martial. The accused does not have the right to representation by an attorney. The accused does have the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent.
A special court-martial consists of not less than three members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
A special court-martial is often characterized as a misdemeanor court, and may try all persons subject to the UCMJ, including officers and midshipmen.
A special court-martial may impose admonition, reprimand, restriction, extra duty, confinement for no more than six months, and forfeiture of two-thirds of a month's pay for six months in all cases. In addition, enlisted members may be reduced to the lowest pay grade, and receive a bad-conduct discharge.
A general court-martial consists of not less than five members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
A general court-martial is often characterized as a felony court, and may try all persons subject to the UCMJ, including officers and midshipmen.
A general court-martial may adjudge any punishment not prohibited by the UCMJ, including death when specifically authorized.
Not all ct martial convictions are felonies. In Fla., a felony is a crime punishable by death or incarceration for more than a year. I know that there are some 2 and 3 year federal [i]misdemeanors[/i], which presumably wouldn't divest one of the RKBA. However, a misdemeanor domestic violence conviction will disqualify one from exercising RKBA. 18 USC S. 922(g).