Why the need for court martial?

Question

Why do militars get their own judicial system? I mean, all other professions abide by the civil law, why do militars get a special treatment when they do something illegal?

Answer 1

They're not civilians..

Answer 2

Are you serious? It is not special treatment. Plus, we have to follow BOTH systems and can get punished by BOTH systems whereas only contractors in combat zone and a few other situations fall under ours.

So we aren't getting over...and it is neccessary to have a way to try and presecute law to covers our situations. Civillian law doesn't cover war and the aftermath very well. Nor the discipline between military members. We don't do the your 'fired' thing.

Our way is fastest, cheaper and more efficent with less b.s. and gives the defendant a better chance to represent themseleves. You exactly get YOUR peers in court-martial. You are well informed and unless you are a total jackazz and try to stay in the dark, you will know everything about your trial. And you can get a civilian lawyer if you want! But if your found guilty...then your can expect to be sentence with your PAST service and conduct taken into consideration. So you either get the book 'thrown' at you or a 'lighter' sentence'.

And you can still get punished by the civilian court system....

edit: Okay, so you want one law...you come to work at your job, I'm gonna charge you with AWOL then. See you in confinement with less pay, then we will fire you. We can just combine the both systems lol. Why can't you understand, there is NO rank structure or set of rules YOU have to go by as a civilian unless you are police officer or something similar. You don't have to fight wars and be forced to do hardly anything you don't want. you can just...quit. We have to protect and uphold the Consistution. Stop thinking fair, this and fair that. Nothing in this world will every be fair across the board. We are not clones or communist. I have no problem with our system nor do thousands of others who are serving. What's your beef? Read up on the UCMJ and see what's up.

Answer 3

If it makes you feel better, court martial is normally harsher than normal courts and they have one because civilians have no experience on military law, which again is stricter than civil law.  And, on top of that, you can be charged in both arena's.  If you get into a fight you can go to court martial and go to normal court too.  It is not special treatment at all.  What ignorance.

Answer 4

In many cases military personnel punished by court martial will face civilian charges for the same issue in question.

Answer 5

The UCMJ is more strict than civil law.. so they need a different way to enforce it.

Answer 6

the "special treatment" is actually a negative.  Most tribunals and court martials have a 3 to 10 x greater chance of being convicted of at least one crime. And unlike civilian courts there are moral laws. If a military officer has an affair he can be stripped of rank and even fired. The laws abide in Honor and are more strict. I would not be jelous.  

Answer 7

Military personnel have an infinitely higher standard of honor and discipline. With out a different system of justice the military would be in the same persistent state of collapse as the civilian world where criminals go free more than they are incarcerated.

Not a good situation for people that you have trained to kill for a living.  

Answer 8

Because, believe it or not, the military adheres to a stricter personal behavior code than civilians.  They have zero tolerance for drugs, there is an honor code in the military, there are crimes such as dereliction of duties (wouldn't it be great if we could get our elected officials on that one!), being absent without permission (anybody for hooky?), they are also SUPPOSED TO always carry themselves and behave in an appropriate manner.  If you get the chance, read the regulations required for the Guards that stand over the Tomb for the Unknown Soldier - you will be amazed at what is required of them - while on duty and off.

Answer 9

If you really delve into Constitutional law and the laws governing the military, you will find that military is not subject to punishment by civil tribunal in matters that the military has jurisdiction over. What that means is that the military is governed by the UCMJ and give authority to the military to handle infraction of both the UCMJ and civil law. With that being said, it does not give a military member free reign to murder or break other civil laws.the member would be tried in a military court for the crime. another example is a drug conviction. Let's say that you test positive for drug use. We all know that in the civil world that it would be a misdemeanor, but in the military it is a felony. in many ways the UCMJ is far more strict than any civil court could be.  And if you are wondering, the UCMJ covers just about everything you can think of. There is even the catch all article 134. Below is a link to the UCMJ. I hope that this helps you understand a little more about the military that protects you.

Answer 10

Check out Article One, Section Eight of the Constitution. It is the job of Congress to prescribe the laws and regulations for the armed forces. They did that in the 1950s by enacting the Uniformed Code of Military Justice. Article 31 of that Code gave the right to remain silent and the right to an attorney decades before the Miranda and Escobedo decisions. Every enlisted person facing a court martial has the right to have other enlisted personnel on the jury panel. A "jury of ones peers" closer to that ideal than any civilian court. Each person facing serious charges at a General Court Martial has the case reviewed before trial at an Article 32 hearing to see if there is sufficient evidence to have the trial proceed. Compare that to the number of civilian criminal trials that come about through a grand jury delivering a true bill of indictment.

Most military punishment is meted out for the offense of unauthorized absence. A violation of Article 86.  Records are kept which show the accused was to be at a certain place at a certain time for duty. The records show the person was not. So, the records are uncontested proof of the fact that the offense was committed. In civilian court it is what is known by the prosecution as a "slam dunk".  

Answer 11

Because the Military is under additional restrictions and regulations that do not apply to civilians.  

For example:  if you decide not to show up at your job one day during a particularly busy time, and stay away for a couple of months, are you sent to a jury trial?  No.  You might get fired, but it is not a criminal offense for you.

However, a Soldier/Sailor/Airman/marine who does the same thing has now gone Absent Without Leave (AWOL), a clear violation of Article 86 of the Uniform Code of Military Justice.  Going AWOL (Article 86) or Deserting (Article 85) are punishable under the UCMJ, and the severity of the offense determines the severity of the punishment.  In wartime, desertion can result in the death penalty.

Can your civilian company do that to you?

That's why the Military has its own justice system.