For military members, there is a different set up for the court system. There are different levels of the military court system. These three levels are divided in terms of the degree of a crime. This court system is different from the civilian court system because it is run by the military. Military members can be tried in both the military court and civilian court. The only exception is that a military member can't be tried at both a military court and federal court. Most crimes can be tried in both the military courts and civilian courts except for a few crimes. These crimes are mutiny, sedition, failure to obey an order, and insubordinate conduct.
At the first level in the military court members are tried for minor crimes. This level is called the summary court-martial. These crimes can be solved through minor punishments. In this case, a court-martial officer runs the whole trial and acts as the judge, jury, and prosecutor. The maximum punishments are confinement for 30 days, hard labor for 45 days, losing two-thirds pay for a month, and reducing pay grade to the lowest level. Military members that are higher than E-5 can't be forced into confinement or hard labor. They can only be dropped to a lower pay grade.
At the second level in the military court members are tried for crimes that are a misdemeanor level in the civilian court system. This level is known as the special court-martial. These crimes could be drug charges, desertion, disobeying orders, or any other crime at that level. There are a military judge and 3 military panel members that act like juries. Punishment for these crimes can result in confinement up to a year, hard labor for three months, discharge from the military, and reduction to the lowest level pay grade.
At the highest level in the military court members are tried for crimes that are extreme felonies. Crimes could include rape, murder, arson, drug dealing. There are a military judge and 5 military panel members that act like juries. These punishments do not have any limits and could result in a death penalty or a life sentence without parole.
Overall the military court system operates in a similar system to the civilian court system, but there are more extreme penalties that don't exist in the civilian system. It is better to stay out of the criminal court system and the military court system.
Source: https://www.lawyers.com/legal-info/criminal/military-versus-civilian-court-authority.html
I think that it is interesting that even after these people go home from the military they are still expected to be controlled by the government. I think It could be interesting to research more about how the courts appealed similar crimes. This would give your a good idea on the real difference. I think this also brings up the question of how much control does the government still have even after you leave the military?
ReplyDeleteI would argue that 45 days of hard labor for desertion is an unjust and cruel punishment, and therefore a violation of the constitution. Because military service can often mean risking one's life, desertion is arguably self preservation, and therefore shouldn't be treated with such severity. In times of war, desertion has even been addressed with the death penalty. Whether you support the military or not, there's something not right about killing an American soldier for no other crime other than being unwilling to risk his or her life in the process of ending others.
ReplyDeletehttps://nccs.net/blogs/americas-founding-documents/united-states-constitution-amendments-11-27