What would be the legal consequences of refusing the draft?

Question

I heard that you could go to jail or pay some ridiculous fine, but I'm not sure, especially since that stupid politician decided it'd be cool to reinstate the draft (which is political suicide).

I was wondering what would happen if one decides to refuse the draft? And what exemptions the draft has (like being phyiscally unfit to go)? Makes me bite my nails =(

Answer 1

The law has yet to be enacted which would contain answers to all of your questions such as fines and consequences if one refused to register or answer the call. Let's hope the call for a draft gets defeated soundly!!

Chow!!

Answer 2

Assuming the draft was reinstated with the laws they used the last time the draft was in effect, e.g. vietnam, first things first. Every American male, at 18, must fill out his Selective Service card, or simply: register for the draft. Women are not eligible for the draft.

Second, there are medical conditions that preclude people from military service. Its tough to say what those would be if a draft was reinstated, because a reinstated draft means there is a great need for servicemen. When there is a great need, standards tend to dip a little.

As for penalties, jail and fines, I think, would be the norm. Although capital treason is still punishable by death (but capital treason is complete betrayal of the country, like spying and selling america out)

Answer 3

Jail time, maybe a hefty fine, and a criminal record. Why do you think so many went to Canada during Vietnam? "Greetings from the President of the United States..." is how the letter starts. You can be physically unfit, but most of the easy scams were tried and discovered around 1970. There is an exemption for conscientious objectors due to religious reasons, but you could still be trained and sent in a non-combat role. That would include as a medic, with bullets flying around as you tried to save someone. Physical reasons depended on a doctor to supply supporting evidence or a problem to be discovered in the physical. Serious back and neck problems, vision problems, diabetes--there are reasons they'll reject you. Swallowing tinfoil simulated an ulcer on x-rays until they got wise to that, then they started to take second x-rays to see if your ulcer moved around. A buddy of mine got the 'Greetings' letter and stopped eating. Only salads. He ran a mile just before going in for the physical and ate a candy bar before getting to the door. His urine showed high protein from the exercise and high sugar from the candy, and he was underweight to begin with. He had to keep this up because they made him come in three times. Finally they told him that he had real problems and needed to see a doctor. He had a doctor lined up with neck x-rays if that didn't work. Hi, Rich!

Answer 4

1. CONGRESS AND THE PRESIDENT AUTHORIZE A DRAFT
A crisis occurs which requires more troops than the volunteer military can supply. Congress passes and the President signs legislation which starts a draft.

2. THE LOTTERY
A lottery based on birthdays determines the order in which registered men are called up by Selective Service. The first to be called, in a sequence determined by the lottery, will be men whose 20th birthday falls during that year, followed, if needed, by those aged 21, 22, 23, 24 and 25. 18-year-olds and those turning 19 would probably not be drafted.

3. ALL PARTS OF SELECTIVE SERVICE ARE ACTIVATED
The Agency activates and orders its State Directors and Reserve Forces Officers to report for duty. See also Agency Structure.

4. PHYSICAL, MENTAL, AND MORAL EVALUATION OF REGISTRANTS
Registrants with low lottery numbers are ordered to report for a physical, mental, and moral evaluation at a Military Entrance Processing Station to determine whether they are fit for military service. Once he is notified of the results of the evaluation, a registrant will be given 10 days to file a claim for exemption, postponement, or deferment. See also Classifications.

5. LOCAL AND APPEAL BOARDS ACTIVATED AND INDUCTION NOTICES SENT
Local and Appeal Boards will process registrant claims. Those who pass the military evaluation will receive induction orders. An inductee will have 10 days to report to a local Military Entrance Processing Station for induction.

6. FIRST DRAFTEES ARE INDUCTED
According to current plans, Selective Service must deliver the first inductees to the military within 193 days from the onset of a crisis.


so the only way you can dodge it is if your sick (like an uncurable illness or mentally ill). if you didnt show up to duty than you would go to jail for a few years.

Answer 5

Jail.

Besides the aforementioned exemptions, during the Vietnam years, one could get a student deferment. As long as you were in school and maintained your grades, you were exempt from the draft.

This explains all the draft age students at Berkeley (Calif.)and Kent State...the former were able to heavily protest our involvement... and the latter were targets for the Ohio National Guard.

Whether a student deferment clause would be allowed in the 21st century draft would be up to today's lawmakers.

Answer 6

As of this writing females cannot and most likely will not be drafted or even required to register but males that turn 18 ,now that is different ,contrary to a few of the answers given there are some consiquinces for failure to register that have to do with grants and loans for college -look into it before you just blow it off!

Answer 7

Well if it was reinstated and you avoided the draft you would be considered AWAL therefore when you were caught you would go before a military panel...probably jail time.
To avoid the draft medical ailments is one, if you are the only child or the only son out of other sibling and there are a couple more

Answer 8

The consequence is inprisonment! However there are many exemptions. What country are you in? I can't imagine any western country passing a drafting law at this time.

Answer 9

Forget the legal ramifications, how could you live with yourself? Have fun explaining to your kids why you live in Canada because you turned your back on a country that has been more than fair to you.

PS: Hockey sucks.

Answer 10

It used to be if one was a conscientious objector (didn't believe in killing) they could serve in a non-combat zone, I think. Anyway, they have never drafted women even though NOW (feminists) wanted it to happen years ago.