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Why a 'Special Court Martial' Trial for Spc. Jeremy Sivits?

By Jeralyn, Section War In Iraq
Posted on Tue May 11, 2004 at 11:11:06 PM EST
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A few people have asked us what it means that Spc. Jeremy Sivits' court martial proceeding set for May 19 in Baghdad is being referred to as a "special court martial" and why it only carries a maximum penalty of a year in jail.

The answer: A "Special Court Martial" is the equivalent of a trial on a misdemeanor in civilian court.

Sivits will be tried before what the Army calls a special court-martial, a proceeding without direct parallel in the civilian world but similar in some ways to a misdemeanor trial. Conviction before a special court-martial carries a maximum of one year in prison. Sivits' punishment also could include reduction in rank to private, forfeiture of two-thirds of his pay for a year, a fine and a bad conduct discharge.

Why is Sivits, who was with the 372nd Military Police Company getting such a break? Probably because he's cooperating with authorities and promising to name others:

Neal Sonnett, a Miami defense lawyer who has represented civilian and military defendants, said the speed with which the trial was scheduled and the decision to try a relatively low-level defendant first suggest a plea bargain is in the works. Military prosecutors might be eager for that outcome, Sonnett said....

Others charged in the Abu Ghraib affair probably will face general courts-martial, which can yield more severe punishments. Seven soldiers currently face charges. Sivits is charged with conspiracy to mistreat detainees, dereliction of duty for failing to protect prisoners and maltreatment of detainees.

Here's more on the "special court martial" rules:

Like a civilian trial, [military lawyer] Trebilcock said, a special court-martial is presided over by a judge, but one who's also a military officer. Like a civilian trial, a special court-martial unreels in the traditional order - the prosecution's case, followed by the case for the defense. The prosecutor is a lawyer in uniform. Defendants also have a military lawyer to represent them, at no cost. Defendants who want a civilian lawyer are free to hire one, but at their own expense. And like a civilian trial, the question of guilt or innocence will be decided by a jury - "a court-martial panel," in the military term.

When the case goes to the panel, the military system veers sharply away from the civilian process. First, unlike a civilian jury, the panel members need not reach a unanimous verdict on guilt or innocence. A two-thirds vote to convict is enough. And second, the panel members - not the judge - decide on the sentence. Again, they do so by a two-thirds vote.

By using a "special court martial" proceeding, the military avoids having to go through an "Article 32" hearing (like a grand jury proceeding at which probable cause is found). More on the proceeding is available here.

We have to ask, what's the rush? What doesn't the Administration want the proceedings to reveal?

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