Taking a Look at Military Law, Regulation, and Punishment It is important for counselors to know how to serve families in the military. When comparing military law, regulation, and punishment to civilian life, there are several differences but there are also many similarities. This paper looks at the two types of military justice systems, court-martial procedures, punishments, and discharges. This helps counselors be better prepared to serve their needs.
Two Types of Military Justice Systems
Discipline in the military justice system is primarily the responsibility of the commander. The system is a tool meant to be used as power by the commanding officer over his troops. Structured and regulated by the Uniform Code of Military Justice, (UCMJ), …show more content…
Unlike the civilian justice system of enforcing laws and punishing wrongdoers, the military justice system operates to keep missions successful. It is structured so that orders can be given and carried out in the event of wars. Under civilian leadership of the President, a unique system and commanding role are integral in the success of the military justice system. Issued by the President, the Manual of Courts-Martial sets forth the regulations and proceedings for carrying out accountable and legitimate findings when a service member is accused of crimes such as larceny, sexual assault, and murder as well as military offenses of disobedience, desertion, and unbecoming conduct. In the eyes of the military justice system, there is no distinction between the common law offenses and military offenses (Schlueter, …show more content…
In typical cases of monetary disputes among usually private parties, the least demanding burden of proof is acceptable: the preponderance of evidence. As an intermediate standard of proof, where the acused interest, such as fraud, may involve not only money but loss of reputation, the clear and convincing evedence is acceptable. But, when reasonable doubt is proven, and confinement or imprisonment is possible, the accused is protected from the most severe form of punishment. Innocence is withstanding without the burden of proof being establishedbeyond a reasonable doubt, therefore, the accused must be found not guilty (Reeves,
Two Types of Military Justice Systems
Discipline in the military justice system is primarily the responsibility of the commander. The system is a tool meant to be used as power by the commanding officer over his troops. Structured and regulated by the Uniform Code of Military Justice, (UCMJ), …show more content…
Unlike the civilian justice system of enforcing laws and punishing wrongdoers, the military justice system operates to keep missions successful. It is structured so that orders can be given and carried out in the event of wars. Under civilian leadership of the President, a unique system and commanding role are integral in the success of the military justice system. Issued by the President, the Manual of Courts-Martial sets forth the regulations and proceedings for carrying out accountable and legitimate findings when a service member is accused of crimes such as larceny, sexual assault, and murder as well as military offenses of disobedience, desertion, and unbecoming conduct. In the eyes of the military justice system, there is no distinction between the common law offenses and military offenses (Schlueter, …show more content…
In typical cases of monetary disputes among usually private parties, the least demanding burden of proof is acceptable: the preponderance of evidence. As an intermediate standard of proof, where the acused interest, such as fraud, may involve not only money but loss of reputation, the clear and convincing evedence is acceptable. But, when reasonable doubt is proven, and confinement or imprisonment is possible, the accused is protected from the most severe form of punishment. Innocence is withstanding without the burden of proof being establishedbeyond a reasonable doubt, therefore, the accused must be found not guilty (Reeves,