Re: Report: Army Sgt. Bowe Bergdahl to Be Charged for Desertion — Here Are the Detail
Sounds logical to me. Still, I dont know that he'd be charged unless there was significant evidence. And Ive already heard from those he served with on TV-but of course im not trying anyone.
The ultimate charges may be anything from dereliction of duty and given an Article 15 hearing (essentially minor infraction), all the way up to desertion in the face of the enemy and warranting a General Court Martial (felony trial, punishment up to death penalty).
At this point it seems like the preliminary investigations are all completed, and the charges (if any) are being prepared. In this aspect it is not unlike any regular trial. Only that in the most severe (General Court Martial) instead of a traditional jury it has a military judge, and a 5 member board of Officers (1/3 will be Enlisted if the defendant requests). However, the accused can also request that the full legal proceedings be bypassed and the entirety of the case held in front of a single judge.
However, one big difference is that instead of being unanimous a conviction only needs a 2/3 majority (4 of the 5 must vote for guilty). So if even 2 members vote for acquittal, the person is acquitted. The only time a unanimous guilty is required is if the accused is facing capitol punishment. And of course there is also an automatic appeals process, just as in civilian courts.
One big difference in the military legal system is that civilian judges rarely get involved. They are allowed, but must be paid for at the expense of the accused. Military defense lawyers are free so that is what most choose to use. And because of the normally intensive investigations held before the trial, if the case does not look strong enough to convict with a 4 out of 5 member body in judgment they simply do not go forward with the cases.
But just like in civilian court, there are often "plea bargains" involved in this early phase. Plead guilty to a lesser offense in a lesser level of Court Martial (Special or Summary) and the more serious charges are dropped.
And there are some major differences between all of the levels of military punishment.
In a General Court Martial every conviction is a Felony Conviction. Punishment can range like any felony, up to life in prison or death. And this is the only level that can award a Dishonorable Discharge. Board is a judge alone or 5 member panel at the discretion of the accused (1/3 of which may be enlisted).
In a Special Court Martial, a conviction
may be a felony, depending on what the charge was. And punishment can not exceed confinement for 1 year. At this level the awarding of a Bad Conduct Discharge. The board is a judge alone, or a 3 member panel (1 of which may be enlisted, as always at the discretion of the accused).
A Summary Court Martial is the lowest, generally the Commanding Officer of the unit's Brigade or a representative thereof. There is no panel, just the individual appointed to judge the case. Confinement of no more then 30 days, and discharge can not be worse then Other Then Honorable (OTH).
Article 15 is the absolute lowest, generally on the lines of a civilian infraction. The Commanding Officer (typically Captain or Battalion Commander) hears the case in an informal setting. Punishment can not be more then 7-14 days confinement. Discharge of General or General under Honorable Conditions can be awarded, only if the charge was of sufficient seriousness to warrant early discharge, or there has been a pattern of misconduct by the individual.
