Military Law
Military law covers those who serve in any branch of the U.S. Armed Forces. This includes the U.S. Army, Navy, Air Force, Marine Corps, and Coast Guard. Military law addresses regulations and ordinances for members of the armed forces. The U.S. Constitution gives Congress the authority to act in military matters. Military law is a component of federal law.
Military lawyers act under the Judge Advocate General (JAG) Corps of a particular branch of service. Military law is recognized by civil courts in the U.S. Military law applies both in times of peace and during wartime. If you are a member of the military and need help regarding a military law matter, talk to a military law attorney for legal assistance.
The Role of a Military Lawyer
A military lawyer can represent you if you are facing a court-martial, criminal court charges, or are involved in a divorce. They can also provide legal representation if you need help accessing military benefits. A military lawyer can also offer legal counsel if you need to delay reporting for duty due to personal or family matters.
Issues Covered under Military Law
The Uniform Code of Military Justice (UCMJ) addresses all aspects of U.S. military law. It not only applies to active duty personnel, but it can also apply to veterans, reservists, and members of the National Guard. The UCMJ covers a wide body of law, including the following:
- Military service discharges
- The conduct of military personnel
- Military criminal law
- Military records and their release
- Proper discipline and order in the military
- Court martials, including their jurisdiction and composition
- The treatment of prisoners in the United States and abroad
- Transferring offenders to civilian authorities
- Court of appeals for the armed forces
Court Martials
If you do not follow the expected code of conduct. A commanding officer might seek non-judicial punishment. This could include reprimands, demotion, additional duties, or confinement. In other cases, you could be subject to a court martial.
Court martials involve specific procedures and rules. There are summary, special, or general court-martials. This depends on the number of members involved and the type of offense. Summary court-martials are rare and apply only to enlisted personnel. There is no jury in court martial proceedings. Special court-martials apply to offenses of medium severity. These involve a military court before a judge, an attorney for the prosecution, your defense attorney, and a jury.
General court-martials are the most severe and usually apply to the most serious offenses, such as murder, robbery, or rape. A conviction can also result in incarceration. Criminal cases include desertion, conspiracy, absence without leave, malingering, desertion, fraudulent enlistment, and other military-related offenses.
The Manual for Courts-Martial covers military court rules and regulations. This includes military arraignments, pre-trial procedures and motions, plea agreements, trial procedures, rules of evidence, sentencing, and post-trial appeals. If the alleged offense is so serious, the military may terminate your service with a dishonorable discharge.
Get Legal Help From a Military Lawyer Today
If you have questions about the military justice system, talk to an experienced military lawyer for legal advice. Defendants are generally free to represent themselves in a court-martial. However, military law is quite complex. A military lawyer will often have a better understanding of the nuances of military regulations. In other matters where civilian matters overlap with military matters, such as divorce, a military lawyer’s guidance will be essential to ensure you are protecting your rights and benefits.