When A Service Member Commits A Crime Off Base, What Jurisdiction Handles It?

Question

A couple of friends of mine were at a bar which is near a military base. A young, drunk soldier got into a fight and broke a beer bottle on a patron's head. The soldier was arrested by the police at the bar.

I'm curious as to what happens now. He is prosecuted by civil law right? That doesn't mean that the military cannot penalize him further however, correct?

Answer 1

Nope.  The civillian authorities will have their way with him and then he gets to stand tall on the carpet in front of the old man.  Depending on what the exact charge was / is, the DA or prosecutor may make a deal with the military.

You konk a civillian on the head with a beer bottle you have to answer to a lot of different people.

Answer 2

Depends on a lot of factors....he can be penalized by both military and civilian authorities...

depending on what the crime is, sometimes the civilian authorities merely turn the member over to the military and allow them to deal with it, other times the military says that the civilian punishment was adequate.

It can go either way, OR the individual can be busted by both.

It depends on numerous factors

Answer 3

Military  

Answer 4

Well, I have seen it go two ways.  The civil courts take it and charge him with assault and judge him, which could mean a fine, time, or released, and then the base could take up from there and do the same thing.  Most of the time, the court either drops it or fines the soldier, and then the base tacks something minor on and that is it.  Bar fights used to be common, and didn't get a lot of press on either end.  During cut-backs, well, anything could get you kicked out.  The current themes seem to be image, so he might get a fine in court and something at the base, but nothing way out of bounds.  Even if the court drops it, the military may stick something on to remind him that he shouldn't do that.  

I don't think this classifies as double jeopardy, so yes, they can both punish him.  

My only concern would be that if the court gives him jail time, that that might violate the rules of the army, and he could get a discharge.  I could very well be wrong, but I don't think that has been changed.  Either way, I would suggest a lawyer to be with him in court.  

Answer 5

The military will tend to let the civilian courts handle the matter unless there was a 'military connection' about the crime.  A bar fight would ten to be regarded as a 'civilian' offense and the soldier turned over to the civilian authorities.  The military will not do anything to the soldier until the civilian courts are finished with him.  If he is found innocent then he will be allowed to return to his normal duties without prejudice.  If he is convicted the military will tend to use that conviction as the basis for a 'Bad Conduct Discharge' and kick him out of the service.

Answer 6

It depends on the relationship the military has with the civilians at that location.  Most of the time they will fight over jurisdiction.  The military wants it more b/c double jeopardy laws do apply in this situation.  

Answer 7

If he is in the service the local police will hold him for the military to pick him up.So the military is the one that will handle it.