2007-10-14 13:30:39 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Having researched this for my prior job in the Judge Advocate General's Corps (USAF), the answer surprised me: Neither. Any other answer you get is from someone who hasn't done the research and who is echoing some barracks lawyer he heard.
Convictions under the Uniform Code of Military Justice are not classified as either felonies or misdemeanors.
GCM and SPCM convictions are federal convictions, however, and the underlying offense may affect your eligibility for certain jobs, programs, or licenses.
Look at Title 10 of the United States Code, sections 801 through 938. You will see NO classification of felony vs. misdemeanor in the law. Look at the Manual for Courts-Martial. Same thing.
This was an issue when the Lautenberg Amendment was first passed, because it bars firearms possession for those who had received a misdemeanor conviction for domestic violence. Since UCMJ convictions were not so classified, additional guidance was put into the field for military personnel.
MSgt, USAF (Ret)
2007-10-14 13:46:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Special Court Martial Felony
2016-12-10 15:18:30 · answer #2 · answered by ? 3 · 0⤊ 0⤋
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2014-11-14 12:28:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
A military Court Martial can lead to all kinds of bad things. It could be nothing more than a slap on the wrists or it could be life in a military prison without the possibility of parole. If the offense is bad enough and the person being tried also has charges outside of UCMJ. Then not only will that person have to face a court martial he will also have to face a civilian court. And well those can be as lax as they need to be or harsh enough when permitted. As to "troops" raping, killing and looting, what instance are you referring too? I don t particularly enjoy being lumped in like that some people might call that a form of discrimination ya know. So what are you asking about specifically?
2016-03-13 08:36:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on the charges.
I don't know what a Special Court Martial is, as different from a general Court Martial -- but a general court martial can hear charges ranging from minor infractions, through misdemeanors, all the way to serious felonies.
2007-10-14 13:39:39 · answer #5 · answered by coragryph 7 · 0⤊ 2⤋
Any Courts-Martial conviction is a federal conviction, FELONY.
You would most likely also receive a punitive discharge from the military and be a convicted felon. You would be striped of most of your civil rights. Never be able to own a firearm or vote.
You could in time have some civil rights restored such as voting.
2007-10-14 13:37:33 · answer #6 · answered by Dennis F 7 · 0⤊ 3⤋
Military courts consider any court-martial hearing serious. At least a felony, or as close to a felony as the UCMJ allows.
2007-10-14 13:36:41 · answer #7 · answered by Kevin k 7 · 0⤊ 2⤋
Misdemeanor. A special court cannot sentence to more than 90 days confinement, this is definitely misdemeanor territory.
2007-10-14 13:40:45 · answer #8 · answered by Anonymous · 0⤊ 2⤋
special is a misdemeanor, general is a felony.
2007-10-14 13:41:02 · answer #9 · answered by ruth4526 7 · 0⤊ 2⤋