military law vs civilian law

[haujun]

Is it true that soldiers have more rights in the military court than the civilians in the civilian court? Although someone in this post may believe this stament I have a hard time believing this when a soldier can go to jail for not showing up for work, disobeying orders etc....Those things that are not persecuted in the civilian court. May get fire, but no jail time... There are no juries in the military court and no bails are set. I believe that military will actually decrease the individual's rights in order to carry military law most efficiently. That is soldiers get paid for losing some of his/her rights to be accountable to all of his/her action/inaction under UCMJ.

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[edinOH]

Due process in a military court is much less strictly defined than in a civilian court. The reasons are those that you alluded to. Maintaining unit integrity and discipline always takes precedence over the rights of the individual.

A commanding officer has the right to confine an enlisted serviceman/woman to quarters for up to 30 days (I think), reduce their rank/pay, fine them money, and even confine them to the brig with only food and water. This is all true for the Navy at least, don't know about the other services. These are all consider non-judicial punishments and don't require the presence of either a judge or jury to be imposed.

As far as military courts are concerned, they are obviously administered by the military with officers and senior enlisted serving as the jury. The Uniform Code of Military Justice (UCMJ) is similar to civilian law in many respects but does have plenty of rules that are unique to military service. You can probably do an internet search for the UCMJ. You may find it to be some interesting reading.

Don't desert during war time. The penalty is death. They ain't kidding either.

 

[GMO_52]

Deserters aren't executed, they are written off. At Captain's Mast, the CO can reduce a sailor's rank, confine him to the ship for 45 days, and/or take his pay OR give him bread and water for 3 days. Just as a side-note, the latter requires a daily medical exam. All of the above can be appealed by trial by courts-martial in most cases. But, let's say a sailor gets a DUI on base and is referred to the CO, who restricts him to the ship for 30 days and busts him a rate. That's really not that bad. No lawyer's fees, no night in the pokey.

 

[Andrew_Doan]

Originally posted by GMO_52
Deserters aren't executed, they are written off. At Captain's Mast, the CO can reduce a sailor's rank, confine him to the ship for 45 days, and/or take his pay OR give him bread and water for 3 days. Just as a side-note, the latter requires a daily medical exam. All of the above can be appealed by trial by courts-martial in most cases. But, let's say a sailor gets a DUI on base and is referred to the CO, who restricts him to the ship for 30 days and busts him a rate. That's really not that bad. No lawyer's fees, no night in the pokey.

GO NAVY! 🙂