IMHO in a court martial you are treated more fairly. The Trial Counsel is not trying to violate your rights and if the Trial Counsel comes to realize you are not guilty is more likely to get the charges dropped. The Defense counsel should protect your rights and not try to play tricks to get a guilty person off. Much better that civilian courts. The appeal process is great for checking that both the Trial Counsel and Defense Cousel did their job.
2006-10-15 13:12:52
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answer #1
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answered by Anonymous
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A court martial falls under military jurisdiction and its oulined in the MCM, or manuals for Military Court martials. basicaly if you enlist in the Armed Forces, one gives up their rights that you enjoyed as a civilian and your mandated to military courts in the event you break laws, or do something that does not define the good order and discipline of the military. Its gives the military the right to punish and adjudicate punishment for a whole host of things that a civilian couldn't be punished for. For example, disobeying an order of a superior officer or non comiissioned officer, so on and so fourth. Its how they maintain discipline in short.
2006-10-15 13:09:15
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answer #2
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answered by Anonymous
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a court martial is for people in the military and is a step above non-judicial punishment (or captain's mast). The judge and jury and military members.
A criminal civilian trial is outside of the military and is conducted with a civilian judge and a civilian jury.
There are other more detailed distinctions, but those are the broad differences.
2006-10-15 13:08:25
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answer #3
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answered by a_blue_grey_mist 7
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Military members fall under the UCMJ Uniform Code of Military Justice. We are tried by military courts. Somewhat the same only different.
2006-10-15 13:07:32
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answer #4
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answered by Anonymous
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Another difference that hasn't been mentioned is that the jury panel decides guilt or innocence by a 2/3 margin. It doesn't require a unanimous verdict.
2006-10-15 13:56:53
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answer #5
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answered by Anonymous
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the biggest and most important is that in a court martial, there is no such thing as double jeopardy...
If someone gets caught breaking the law in the civilian sector, faces trial, and is convicted, when that's over with, the court martial says "it isnt over".
2006-10-15 13:11:34
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answer #6
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answered by paradigm_thinker 4
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One is done by military personnel and the other one is done by non military personnel. But the proceeding are the same........
2006-10-15 13:09:52
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answer #7
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answered by kilroymaster 7
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