How Does Military Law Differ From Civilian Criminal Law?
Dealing with legal issues can be stressful and overwhelming. However, these issues can be more stressful when military law is involved. In such cases, service members and their families may feel isolated or uncertain when dealing with legal matters governed by military regulations.
Whether you’re stationed at Malmstrom Air Force Base, traveling through central Montana, or living near Great Falls, Montana, it’s normal to feel unsure about how to handle legal matters. At Carl Jensen Jr., I strive to provide guidance, support, and advocacy to help you understand how military law differs from civilian criminal law.
The differences between military and civilian legal systems can sometimes be complicated. Here, I’ll break down these distinctions clearly and highlight how my firm can help you protect your rights under military law.
Basic Principles of Military Law
Military law is a specialized legal system that applies to members of the armed forces. It operates under different rules, procedures, and consequences compared to civilian criminal law. While civilian law governs the general population, military law maintains discipline, order, and operational readiness within the armed forces.
Military law is primarily governed by the Uniform Code of Military Justice (UCMJ), which outlines offenses, court procedures, and penalties for service members. While civilian criminal law varies by state, military law applies uniformly to all service members, regardless of where they are stationed. A few key points about military law:
Scope of authority: Military law applies to active-duty service members, reservists under orders, and certain veterans in specific circumstances.
Types of offenses: Some actions that aren’t crimes in civilian law, such as disobeying orders or absence without leave (AWOL), are punishable under military law.
Procedures: Military courts follow unique protocols, including courts-martial, that differ from those of civilian courts.
Key Differences Between Military and Civilian Courts
Military and civilian courts share some similarities, such as the presumption of innocence and the right to legal counsel. However, there are significant differences in how cases are handled. The key differences you should be aware of include:
Court structure: Civilian criminal cases are handled in local, state, or federal courts. Military cases are heard in courts-martial, which include summary, special, and general courts-martial depending on the severity of the offense.
Judges and jurors: Civilian cases often involve a jury of peers. In military courts, a panel of officers or enlisted members may serve as the jury, sometimes without requiring a unanimous verdict.
Sentencing: Military judges may have broader discretion in sentencing, especially in general courts-martial. Punishments can include confinement, reduction in rank, dishonorable discharge, and fines, in addition to imprisonment.
At Carl Jensen Jr., I helped numerous service members across central Montana understand how their cases might proceed in a military setting and what to expect at every step.
Common Military Offenses
Military law covers many offenses that civilian criminal law doesn’t address. Some of these are unique to the service environment, while others overlap with civilian offenses but are treated differently under the UCMJ. Some common military offenses include the following.
Disobeying orders: Ignoring or refusing lawful orders from a superior officer.
Absence without leave (AWOL): Leaving your post without permission.
Conduct unbecoming of an officer: Actions that dishonor the military or compromise the integrity of your branch.
Fraternization: Inappropriate relationships between service members of different ranks.
Drug and alcohol offenses: While similar to civilian laws, these offenses are often treated more strictly in the military context.
Understanding these offenses is crucial, as even minor infractions can have long-term consequences for your military career. At Carl Jensen Jr., I’ve represented clients facing these charges, helping them present their case in the strongest possible light.
Rights of Service Members
Service members have rights under military law, though they differ from civilian rights in some respects. Knowing these rights can protect you from unfair treatment or excessive punishment. The primary rights attributed to all service members include the following.
Right to legal counsel: Service members are entitled to an attorney, often provided by the Judge Advocate General (JAG) or a civilian lawyer like myself.
Right to remain silent: Similar to civilian rights, service members can avoid self-incrimination.
Right to appeal: Military law allows appeals through various military courts and, in some cases, federal courts.
Protection against unlawful punishment: Any punishment must comply with UCMJ guidelines.
While these rights exist, the procedures for exercising them can be confusing. At my firm, I’ve helped many clients understand when to assert their rights and how to use them effectively, reducing stress and improving outcomes.
Investigations and Evidence in Military Cases
Military investigations can differ significantly from civilian criminal investigations. Service members may be subject to specialized investigative procedures, and evidence handling can vary. Some key differences include:
Investigating authority: Military police or investigative branches conduct investigations rather than local law enforcement.
Evidence collection: Procedures for collecting and presenting evidence may follow military protocols, which can affect how cases are argued.
Interviews and questioning: Service members may be questioned under conditions that differ from those required by civilian Miranda rights.
Working with an experienced attorney during a military investigation is crucial. An attorney can support you through questioning and evidence review, helping you protect your rights without jeopardizing your military standing.
Court-Martial Proceedings
A court-martial is the military equivalent of a criminal trial. These proceedings can often be intimidating because they follow procedures that are unfamiliar to civilians. The key points you should understand about court-martial proceedings include the following.
Types of courts-martial: Summary courts-martial handle minor offenses, special courts-martial handle intermediate offenses, and general courts-martial address the most serious offenses in military proceedings.
Panel selection: A military investigative panel may include commissioned officers or a mix of officers and enlisted personnel, depending on the case.
Trial procedures: During the trial, evidence will be presented, witnesses will be called, and the accused will have the right to defense representation.
Sentencing: Depending on the verdict, the potential penalties can include confinement, discharge, fines, or a reduction in rank.
Working with an experienced attorney during court-martial proceedings can make a critical difference. At Carl Jensen Jr., I’ve helped clients understand each phase, prepare for hearings, and present strong defenses tailored to the requirements of military law.
Reach Out for Legal Assistance
Military law’s unique rules and procedures mean that general civilian legal knowledge often isn’t enough. Even minor mistakes can have serious repercussions for service members, both in their careers and personal lives. Facing military legal issues can be stressful, but you don’t have to handle them alone. At Carl B. Jensen Jr., I strive to provide personalized support to service members and their families across Great Falls, Montana, and central Montana.
I have spent years assisting clients from Malmstrom Air Force Base and throughout central Montana, protecting their rights and helping them face military legal challenges with confidence. I’m here to help you understand your rights, defend against charges, and protect your future. Reach out today to schedule a confidential consultation and receive guidance under military law.
