2007-10-06 05:39:59 · 12 answers · asked by kacwccj 3 in Politics & Government ➔ Military
Usually, the military will check for a 'military connection' regarding the crime. If they determine that there was no military connection then jurisdiction will be waived and the suspect turned over to civilian authorities.
Examples of 'military connections' are:
The suspect was 'on duty' and performing a military mission at the time and location.
The crime was committed using military property.
An example that meets both these criteria would be a soldier driving a military truck on a public highway while on a mission to deliver a cargo to another military base. If this truck driver has an attack of 'road rage' and runs another car off the road the military would retain jurisdiction because of the military connection.
On the other hand - if an off duty soldier gets drunk in a bar then is caught DUI - the military will generally waive jurisdiction and let the civilian authorities handle the case.
2007-10-06 05:55:05 · answer #1 · answered by MikeGolf 7 · 2⤊ 1⤋
If they commit a felony off base in the United States they can be charged with a felony also and receive a dishonorable discharge, with lose of pay and allowances and be sentenced to Federal prison. If the commit a felony off base in another county the Status of Forces Agreement with that country takes priority. There are several ex-Marines in a Japanese Jail Serving their jail sentence. Once their term is over they will be discharged from the military with a dishonorable discharge. They could also face federal time for AWOL or Desertion.
2007-10-06 05:55:45 · answer #2 · answered by ? 6 · 2⤊ 0⤋
If it is off-base in the U.S. they face the civilian criminal justice system. The case which decided that is the O'Callaghan case. He was an Air Force man who committed a crime off base in Hawaii and was court-martialed by the military. That was overturned by the Military Court of Appeals which ruled that crimes committed out in "civvie land" which don't involve military victims are the jurisdiction of the civilian justice system.
If it is crime committed off-base in a foreign country, the jurisdiction for prosecuting depends on the language in the Status of Forces Agreement between the U.S. and the host nation.
2007-10-06 05:48:56 · answer #3 · answered by desertviking_00 7 · 7⤊ 0⤋
He/she will be tried in a Civil or Criminal Court, depending on the crime committed and then the
US Military will either discharge the person or give
the person punishment under Article 15 of the UCMJ!!
2007-10-06 05:51:28 · answer #4 · answered by Vagabond5879 7 · 2⤊ 0⤋
They are charged and tried by the civilian authorities. The service member cannot be charged for the offense by the military. That stated, he can be punished under the UCMJ for bringing discredit upon the service. Penalty could be restriction, loss of pay and rank, all the why to a bad conduct discharge...............
2007-10-06 06:59:43 · answer #5 · answered by tallerfella 7 · 1⤊ 0⤋
When the civil authorities get done with ya, the military authorities get their turn. Normally in the form of a General, Bad Conduct or Dishonorable Discharge.
2007-10-06 05:52:41 · answer #6 · answered by tom l 6 · 4⤊ 1⤋
Depending on where they are they could face charges by civilian authorities, military authorities, or both. This all depends on the severity of the crime.
2007-10-06 05:44:21 · answer #7 · answered by sigmarigel@verizon.net 3 · 3⤊ 1⤋
as long as you're in the militia, UNCLE SAM OWNS YOUR A$$! does not rely if the crime is committed on base/positioned up or off !!!! After conviction , their rank are stripped off ! they are all PV1 's !!!
2016-10-21 05:51:20 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Usually you get hit by both sides Civilian and Military for like DUI, and stuff like that. Parking tickets, speeding, no, but if you need to go to court and you take a day off or two, and keep having to go to court, it's hard to hide it from them.
2007-10-06 05:48:27 · answer #9 · answered by _Animal_ 3 · 3⤊ 1⤋
after the local authorities are done with you, the Military gets you and they get to punish you too. this is especially true OCONUS.. under SOFA, you are subject to local laws, and once you are done with their punishments, to include spending jail time in THEIR system, they turn you over to the MPs and then you get court martialed.
2007-10-06 08:14:07 · answer #10 · answered by Mrsjvb 7 · 0⤊ 0⤋