CIVIL vs. MILITARY LAW
When civilian law and military law gets talked about, there seems to be surprise and confusion between the individuals speaking about the subject. Most people do not realize there are the two different laws that exist. When law is talked about it is normally assumed that the conversation is about civil law. If talking to a military member, the conversation might be assumed that it might be military law that is being discussed. There are about five major differences between civilian and military laws. The first is The Code. The code that governs each justice system, both are part of the national government but when talking about the military code of conduct, which is where things start to differ. The “Code of Conduct” …show more content…
The answer is yes, the military may try someone under their own rules, even after a state court trial. The reason is that military and civilian courts are fundamentally separate systems with their own sets of requirements. (FreeAdvice staff …show more content…
Some crimes that might be described in military law are misdemeanors in civilian law or, not a crime at all. Military law has a lot more boundaries to cover than civilian laws need to. For example; If a person that is set in charge of subordinates was to give a lawful order to any of the subordinates and the order was not followed through by one or some of the individuals then, formal charges can be brought up to try and possibly convict them, whereas if the same situation was to happen in a civilian setting, no charges could be brought up on the subordinates nor, would they be tried in any civilian court system. Another such event that could possibly be a factor for military law is, if a military individual was in another country and committed an offense that was a crime there but, not in the United States, military law might supersede civilian law at that point and the individual that committed the offense might be tried and convicted of breaking local host nation laws. Being AWOL (Absent With Out Leave) is a crime punishable by the UCMJ (Uniform Code of Military Justice), which comes with a severe punishment for an individual in the Armed Services but, this type of action holds no merit for a civilian in a civilian court. Another situation that would be an offense for a military member and not a civilian is sedition. Sedition is a
When civilian law and military law gets talked about, there seems to be surprise and confusion between the individuals speaking about the subject. Most people do not realize there are the two different laws that exist. When law is talked about it is normally assumed that the conversation is about civil law. If talking to a military member, the conversation might be assumed that it might be military law that is being discussed. There are about five major differences between civilian and military laws. The first is The Code. The code that governs each justice system, both are part of the national government but when talking about the military code of conduct, which is where things start to differ. The “Code of Conduct” …show more content…
The answer is yes, the military may try someone under their own rules, even after a state court trial. The reason is that military and civilian courts are fundamentally separate systems with their own sets of requirements. (FreeAdvice staff …show more content…
Some crimes that might be described in military law are misdemeanors in civilian law or, not a crime at all. Military law has a lot more boundaries to cover than civilian laws need to. For example; If a person that is set in charge of subordinates was to give a lawful order to any of the subordinates and the order was not followed through by one or some of the individuals then, formal charges can be brought up to try and possibly convict them, whereas if the same situation was to happen in a civilian setting, no charges could be brought up on the subordinates nor, would they be tried in any civilian court system. Another such event that could possibly be a factor for military law is, if a military individual was in another country and committed an offense that was a crime there but, not in the United States, military law might supersede civilian law at that point and the individual that committed the offense might be tried and convicted of breaking local host nation laws. Being AWOL (Absent With Out Leave) is a crime punishable by the UCMJ (Uniform Code of Military Justice), which comes with a severe punishment for an individual in the Armed Services but, this type of action holds no merit for a civilian in a civilian court. Another situation that would be an offense for a military member and not a civilian is sedition. Sedition is a