If a commander in the Military was on leave and he killed his family would he face the criminal court or would he be court martialed and face the Military tribunal or would he face both ?
I mean no offense here so don't take it out of context .
2007-05-17 05:44:03 · 5 answers · asked by Anonymous in Politics & Government ➔ Military
There isn't a double jeopardy standard here. Assuming that he killed the family off base, in the civilian community, he would be charged with murder in civilian court. Assuming he was convicted, the military would charge him with Conduct unbecoming of an officer, AWOL (since going to jail for 50 years isn't an authorized absence) as well as some other summary offenses. He would lose his retirement eligibility, be reduced to the lowest grade possible, and finally given a dishonorable discharge.
2007-05-17 05:51:53 · answer #1 · answered by auditor4u2007 5 · 2⤊ 0⤋
He would first face charges in the civilian court. Then, regardless of the out come he would be prosecuted under the UCMJ. If found guilty in the civilian court his Courts Martial would basically strip him of rank and dishonorably discharge him from the service. If found not guilty in a civilian court then he would be prosecuted to the full extent possible at a Courts Martial. Maybe not necessarily for murder but conduct unbecoming, unauthorized absence among others.
2007-05-17 12:57:00 · answer #2 · answered by neeno 5 · 1⤊ 0⤋
If the crime was commited in civil juristiction then the civil power would do the prosecution.
If commited on a military base then the military authotities would lead the prosecution, after which I believe he could be open to prosecution by the civil authorities.
2007-05-17 12:48:44 · answer #3 · answered by conranger1 7 · 2⤊ 0⤋
Probably civilian criminal court.
2007-05-17 12:53:25 · answer #4 · answered by ? 7 · 1⤊ 0⤋
It would depend on where the crime occured. If on base the Military has jurisdiction, if off base the civilian authorities.
2007-05-17 12:50:38 · answer #5 · answered by Anonymous · 2⤊ 0⤋