I mean are the judge and all lawyers in the military?
2007-09-10 14:20:50 · 4 answers · asked by 1982 3 in Politics & Government ➔ Military
Yes, but they are in the Judge Advocate General (JAG) corps, and not "line officers". They also are not in the chain of command of units bringing charges. In fact, the "Area Defense Council" (ADC, sort of the public defenders for the military) isn't even under the command of the local JAG. They have a separate command chain.
The reason is that, for the US anyway, the Uniform Code of Military Justice is our legal code, and military folks can best interpret that code.
The "Juries", we call them "panels", are made up of either all enlisted folks or officers. For enlisted folks, they can choose: this is the "jury of one's peers" right codified under English Law. Nearly every time though, they will pick an officer board-as enlisted troops are very sensitive to their image and historically treat alleged infractions of their own more harshly.
Usually, the court will select officers with a broad range of experiences; so you'll see guys/gals with combat experience, office types, young officers, and older ones. Usually, the panel is led by a LtCol or Col, who doesn't have any of the other members under his/her command.
The defendant does have the right to pick their own lawyer(s). They can choose a civilian lawyer if they wish, usually retired/separated military lawyers who know the military justice system.
2007-09-10 14:45:06 · answer #1 · answered by jim 7 · 0⤊ 0⤋
You bet. I was once trial while in court martial by my own Commanding Officer. That was in Singapore. But surely all over the countries those convicted of military offence should trial by military personnel. Because only them know the military law.
2007-09-10 21:25:40 · answer #2 · answered by dyzmie 2 · 0⤊ 0⤋
Generally all military personnel conduct military courts; however, there may be an exception in a general courts martial.
2007-09-10 21:40:01 · answer #3 · answered by Pey 7 · 0⤊ 1⤋
I think you can use a civilian defense lawyer in a General Court Martial, not completely sure if they can show in court or just act as an adviser.
It "ain't" no civilian affair in procedure for sure!
SSG US Army 73-82
2007-09-10 21:39:01 · answer #4 · answered by Stand-up philosopher. It's good to be the King 7 · 0⤊ 1⤋