- In a Military Setting, the Commanding Officer Determines Reasonable Suspicion
- The Commanding Officer Decides Which Level Court-Martial Will Hear the Case
- A Summary and a Special Court Martial Handle Lower Level Offenses
- A General Court Martial Handles More Severe Penalties, Such as Life Imprisonment
- In a Civilian Setting, the Police Bring Evidence to the District Attorney’s Office in Order for a Criminal Case to Proceed
- In a Military Setting, the Commanding Officer Usually Consults With a Judge Advocate Before Proceeding with a Case
- Detailed Examples and Case Studies: Military vs. Civilian Courts
- Frequently Asked Questions
Interviewer: Can you compare the stages of a criminal process versus the stages of a military-based criminal process and show how they are similar or different?
Chris: Right. I think the best or the closest scenario is a felony case. Generally, you’ll have a preliminary hearing and you’re going to go to court. The difference between that and the court-martial process is huge.
During your preliminary hearing as a military member you are afforded the right to counsel. You have a right to question the witnesses that are provided by the government, in order for their case to move forward.
Walking through the initial process, the charging step, to begin with, you’re charged in a local setting. You receive your criminal complaint and you show up for trial. That’s generally the way it’s going to work. You see your complaint. You see the charge. You go to trial.
In a Military Setting, the Commanding Officer Determines Reasonable Suspicion
In the military, what has to happen is your commander has to prefer charges against you. In order to prefer criminal charges, the commander has to have a reasonable suspicion that you committed a crime. He suspects you. Actually, the right word is “suspect.” He suspects you of crime.
The Commanding Officer Decides Which Level Court-Martial Will Hear the Case
There is evidence beforehand of an actual crime and he makes the decision either for the court-martial process, to either go to a summary court-martial, a special court-martial or a general court-martial.
A Summary and a Special Court Martial Handle Lower Level Offenses
If he decides to go to a summary court-martial, that is similar to a misdemeanor type court. You only can get 30 days in jail, generally speaking, and a special court-martial is handles cases with penalties such as up to a year in jail and a bad conduct discharge.
A General Court Martial Handles More Severe Penalties, Such as Life Imprisonment
If you go to a general court-martial, you can get up to life in prison or the death penalty.
Let’s say you go to a general court-martial. You’re entitled to an article 32 hearing. The commander reads you a charge sheet. He schedules an article 32 hearing. You go to the article 32 hearing. Evidence is presented against you. You have the right to cross-examination.
You have the right to ask for more evidence from the investigating officer. Then all of that investigation goes to the convening authority and the convening authority takes the investigating officer’s recommendation and evidence and makes the decision whether or not the case goes to court.
Interviewer: That sounds kind of unusual. On the outside, in the civilian world, it’s the police that they have to have reasonable suspicion that a crime is being committed and they’re the ones that decide whether to charge you.
In the military, the commanding officer is the one who has the power whether to decide whether to charge you or not?
Chris: Yes. Technically, any officer who suspects you of a crime can prefer a charge against you but that’s just strange. It never really happens.
In a Civilian Setting, the Police Bring Evidence to the District Attorney’s Office in Order for a Criminal Case to Proceed
However, in a local setting, the police write the report or initiate the investigation and it still goes to the prosecuting attorney’s office and they make a decision whether or not to move forward on the case.
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In a Military Setting, the Commanding Officer Usually Consults With a Judge Advocate Before Proceeding with a Case
However, in this case, the commander, generally with the advice of the base staff judge advocate makes the decision whether or not to go forward with either a court-martial or some type of non-judicial punishment.
Detailed Examples and Case Studies: Military vs. Civilian Courts
Case Study 1: Handling of Drug-Related Felony Charges
Civilian Court:
– Scenario: John Doe, a civilian, is charged with possession of a controlled substance with intent to distribute. In a civilian court, the process begins with an arrest, followed by a preliminary hearing where a judge decides if there’s enough evidence to proceed. If the case goes to trial, the prosecution must prove beyond a reasonable doubt that John intended to distribute the drugs. If convicted, John faces a potential prison sentence, fines, and a permanent criminal record.
– Outcome: John is found guilty and sentenced to five years in state prison. He also faces significant difficulties in securing employment post-release due to his felony conviction.
Military Court:
– Scenario: Sergeant Jane Smith, an active-duty military member, is found in possession of a controlled substance with intent to distribute. The case is handled by her commanding officer, who, after consulting with the base Judge Advocate General (JAG), decides to prefer charges against her. The case proceeds to a general court-martial, given the severity of the charge.
– Outcome: Sergeant Smith is convicted at a general court-martial and sentenced to ten years of confinement, dishonorable discharge, and forfeiture of all pay and allowances. The dishonorable discharge severely impacts her post-military life, limiting her employment opportunities and stripping her of veteran benefits.
Case Study 2: Assault Charges
Civilian Court:
– Scenario: A civilian, Tom, is charged with felony assault after a bar fight. The police arrest him, and he is subsequently charged with aggravated assault. The case moves through the civilian court system, where Tom’s defense argues that he acted in self-defense.
– Outcome: The jury finds Tom guilty, but the judge imposes a lighter sentence of probation and community service due to the circumstances of the case.
Military Court:
– Scenario: Corporal Alex Green is charged with aggravated assault after a fight during a deployment. The commanding officer reviews the incident and,
Frequently Asked Questions
A court-martial is a military court proceeding used to try members of the armed forces for violations of the Uniform Code of Military Justice (UCMJ). A civilian trial is conducted in a civilian court and follows the laws applicable to civilians. The key difference is that military trials are governed by military law, which includes different rules, procedures, and potential penalties.
Yes, under certain circumstances, a military member can be tried in both military and civilian courts for the same offense. This is known as “dual sovereignty,” where both the federal government (via the military) and state governments have jurisdiction over the same act.
A dishonorable discharge results in the loss of all military benefits, including pensions, healthcare, and education benefits. It also carries a significant stigma, making it difficult to find employment and obtain certain professional licenses.
Yes, military convictions can be appealed through the military justice system, which includes several levels of appellate courts. The appeal process may challenge the conviction itself, the sentence, or procedural errors during the court-martial.
A conviction can end a military career through discharge, result in the loss of benefits, and make future civilian employment difficult. The impact depends on the nature of the felony and the resulting discharge type.
