what is military court/ prison like?

Question

what makes it distinct from normal court and prison?

Answer 1

In a military court you are presumed guilty until proven innocent. the reason is, no military commander is going to go through the trouble of preparing a case unless he's sure he is going to win.
Prisons. You aren't confined to a cell most of the day. You are put on work details from morning to night.you are usually sentenced to hard labor, and that is usually what happens.

Answer 2

I was a Driver/Guard (E-5) for a "Disobeying a Direct Order" Court Martial in 1976.
The guy was told to empty his pockets by the Lt. (exec). He did. The SFC that had brought him to the Lt. was there too. He told me the guy then picked up the chunk of hash and ate it.
During the 15 minutes the court action took the only witness was his squad leader. He was asked what this soldier did (MOS). After stating that he was dismissed. Within 5 minutes the armed guard (E-6) was called in to secure the prisoner and given orders to take him to the Stockade. He got 120 days and a suspended BCD. Meaning he would get Honorable if he did not get in trouble in the Stockade.

3 weeks later I took several issue items (socks, towels, boxers) he was missing. While walking to the supply room I passed the guy and stopped to tell him why I was there and was tackled by the E-2 guard for speaking to a prisoner. This guy did not flinch nor did any of the other 11 prisoners standing there at Parade Rest. There was a lot of screaming, the guard got his clock cleaned by the Sgt of the Guard, I was then apologized to for not being told not to talk to prisoners.

I was able to talk to him in the supply room. he told me one guy in his room was there for rape, another for murder. The point being no distinction for minimum/maximum security, violent vs. non violent criminals. We did not discuss his daily work and he was even less happy than before this all happened so I made no attempt to prod him.

As the court action may have been related to an earlier situation where a brand new AH-1Q Cobra had flown into East Germany due to a ADF (auto direction finder) being 180 degrees out of phase, the subsequent beating of the pilot and gunner by the Soviets, the dismantling of the bird to photograph all components, the Congressional, Senate, CIA, FBI, Army CID investigations and he was suspected of having been the last person to work on this piece of nav gear.....you decide if there are any differences.

SSG US Army 73-82

Answer 3

You are still a soldier until you finish your prison sentence. So you have to go through all the same routines as being a soldier, examples are getting up early, cell inspections for cleanliness, standing in formation, and work details. Most of the time though you are sitting in your cell.

Military court you have more rights than in a civilian court, but it is easier to get put on trial.

Answer 4

Its pretty similar, from what I hear.

Prison is a little more difficult, but the trial is probably more fair than civilian court. The jury is made up of your military peers. Laws and punishment are just about the same.

It's a Federal Court run by the JAG.

Answer 5

There are also some basic differences that most non-military citizens would have a problem with.

Unlike "Legal Aid" or "Public Defenders"- who are appointed by choice or by the court off a list of attorneys in the area, if you need a public defender as a serviceperson, you're getting a military lawyer. That is, a lawyer who has their everyday life controlled by and is dependent on the same organization that is prosecuting you. There's a bias there that isn't as blatant in regular courts.

There are also different rules as to search and seizure, mental illness, etc. Getting in trouble in the military is not something you want to do---it's simply a shame the military doesn't allow for penalty/shame/suspicion-free mental health treatment. I know several guys who got in major trouble due to mental illness, but they were unwilling to go to the military medical personnel, as they knew they'd get booted out as unfit, with no treatment, no job, and nowhere to go. Now all of that will happen, plus prison. Sigh.

Answer 6

UMCJ applies more in a military court, judge advocate generals (JAG) precide in this area. Lawyers are commissioned officers in the military

Answer 7

Military law is much harsher. Stuff like punching your boss will get you 10 years (if you punch an officer). Rape, while an abhorrent crime, can get you death in the military, which is unheard of as a punishment for that crime in civilian life.

I think the military code needs to be adjusted. If anyone deserves some leeway, it's the folks serving in uniform. They sacrifice enough as it is, without having extreme draconian crap come down when they misstep.

Answer 8

bush needs to go find out.....on the OTHER side of the bars!