The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of either of the following:

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Terms Used In Alabama Code 31-2A-16

  • following: means next after. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
a. A military judge and not less than five members.
b. Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.
(2) Special courts-martial, consisting of either of the following:

a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph b. of subdivision (1) so requests.
(3) Summary courts-martial, consisting of one commissioned officer.
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