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What happens after the
court-martial is over?
At the conclusion of the
court-martial, the convening authority (usually the base commander) has
the authority to either approve or disapprove the conviction and the
sentence, either in whole or in part. This is commonly referred to as the
clemency process of “1105 submission.” This is due to the fact that the
authority to ask the convening authority to either reduce the punishment
or overturn the conviction comes from Rule for Court-Martial 1105.
Once the record of the trial, or transcript, is completed, it is “served”
on the defense counsel and the accused. The accused then has ten days to
ask the convening authority for clemency. This ten day period can be
extended for twenty additional days. The submission to the convening
authority is an important step in the court-martial process. Great care
should be taken in the preparation of the clemency petition. An attorney
with experience in courts-martial and courts-martial appeals can assist in
the preparation of the clemency petition. Even though the convening
authority has not taken final action on the sentence, any sentence of
confinement begins immediately after the trial is over, unless deferred by
the convening authority.
Once the convening authority takes final action, if the approved sentence
includes confinement for more than one year, a punitive discharge or
death, the case is automatically referred to the Court of Criminal
Appeals. This court consists of panels of three military appellate judges,
whose sole job is to review courts-martial appeals. At this stage, the
service member is provided with a military attorney from the Defense
Appellate Division of his or her service. In addition, the service member
can retain a civilian attorney to represent him before the Court of
Criminal Appeals.
Air Force Court of Criminal
Appeals
https://afcca.law.af.mil/
Navy Court of Criminal Appeals
http://www.jag.navy.mil/FieldOffices/NMCCA.htm
Army Court of Criminal Appeals
http://www.jagcnet.army.mil/acca
Coast Guard Court of Criminal Appeals
http://www.uscg.mil/legal/cca/
If the sentence does not meet
the above requirements, an appeal is then processed by the office of the
Judge Advocate General for your service.
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