Military courts have exclusive authority over purely military crimes. Civilian courts have no authority. Some examples of purely military crimes include:
• Mutiny
• Sedition
• Failure to obey an order
• Insubordinate conduct
Most crimes violate both civilian and military law. Examples include robbery, assault and murder. The issue becomes whether a military service member will be tried in civilian or military court.
Civilian court authority is usually based on the location of the crime. The crime must have occurred within the boundaries of the state. Military court authority is based on the status of the offender. If he's an active service member, the UCMJ applies no matter where the crime occurs.
If a crime violates both military and state
• Mutiny
• Sedition
• Failure to obey an order
• Insubordinate conduct
Most crimes violate both civilian and military law. Examples include robbery, assault and murder. The issue becomes whether a military service member will be tried in civilian or military court.
Civilian court authority is usually based on the location of the crime. The crime must have occurred within the boundaries of the state. Military court authority is based on the status of the offender. If he's an active service member, the UCMJ applies no matter where the crime occurs.
If a crime violates both military and state