stealing money from a business and the bussiness pressed charges.?? Whats the punishment from the Army???
2007-11-26 15:31:50 · 13 answers · asked by Anonymous in Politics & Government ➔ Military
the civilian authorities get first crack at him, and then the military can get their hands on him. double jeopardy does NOT apply here. he can be tried and convicted twice for the same crime.
since he could see jail time for the embezzlement, he will also be convicted of being AWOL/a deserter since he will not be able to fulfill his military obligation.
Most likely scenario is a BCD or OTH discharge, however, since they haven't completed any training.
2007-11-27 00:51:05 · answer #1 · answered by Mrsjvb 7 · 0⤊ 0⤋
There are many different routes that might be taken.
Let's say he enlists knowing this charge is out there or soon will be and does not reveal this to the Army, Marines etc. That is up to 2 years for a violation of Art. 83. (see the link) after whatever the civilian courts do. Even if found innocent the JAG could go to CM for concealing the facts. As they are different charges it is not double jeopardy.
The 2nd link confirms the UCMJ does support the Constitutions protection from double jeopardy. That does not mean you cannot be punished twice. It means you cannot be held to 2 trials (1 civilian, 1 Court Martial) that are considered Criminal Trials.
The UCMJ does allow 2 days of bread and water in the brig on board Naval or Coast Guard vessels.
The UCMJ can be a severe reality check!
SSG US Army 73-82
2007-11-26 16:30:09 · answer #2 · answered by Stand-up philosopher. It's good to be the King 7 · 0⤊ 1⤋
If he is convicted or pleads guilty to the civilian charge the Army will begin administrative discharge proceedings against him and award him an undesirable discharge. If he was on unauthorized absence at the time, then the Army could place him in front of a court-martial. If it is a Special Court Martial he faces the possibility of a Bad Conduct Discharge. If it is before a General Court Martial, then he may be awarded a Dishonorable Discharge. Either of those two discharges constitute being guilty of a Federal felony.
2007-11-26 15:47:16 · answer #3 · answered by desertviking_00 7 · 2⤊ 0⤋
Embezzlement is a felony, pilferring is a misdemeanor bordering on felonius conduct depending upon the circumstance.The sum,circumstance and methods are all factors in the conviction if found guilty of a crime,crime being a keyword for prosecution.If he is an enlisted man he may or maynot receive privilege of military court,there is definitely brig time,courtmartial possibilities,stripping of rank to name a few possibilities.If the biz was an army biz he may just need to repay the sum depending on things plus his punishment.Its up to the courts.The military do have places and details for disciplinary actions that make one wish for prisonn or external jails.
2007-11-26 15:47:16 · answer #4 · answered by bruce_baldy 2 · 1⤊ 0⤋
Civilian business? If so, he will get both a civil penalty and when they are done with him, he will be subjected to military discipline under the UCMJ (Uniform code of Military Justice). That constitutional double jeopardy thing doesn't apply. He could face time in prison and even brig time. Most certainly he will recieve a bad conduct discharge but I don't think that is all that he will recieve.
Did he do it? If so, he earned it and must pay his dues.
2007-11-26 15:37:46 · answer #5 · answered by Anonymous · 4⤊ 0⤋
Doesn't mater weather hes through AIT or not. He's still subject to UCMJ action. Whatever his offense is punishable for under UCMJ is what he'll get. I'll have to say it doesn't look good for him as far as his career in the Army is concerned.
2007-11-26 15:38:14 · answer #6 · answered by Gov. Tomsin 2 · 3⤊ 0⤋
Anyone who's answer said it doesn't matter how long he has been in or where he is at, and that he is subject to the UCMJ is correct. However, if he is charged with these crimes in a civilian court he cannot be charged with the same crime (Larceny) through the UCMJ. That would be double jeopardy. I can however recieve some type of punitive action.
2007-11-26 15:47:46 · answer #7 · answered by auspatriot 2 · 0⤊ 2⤋
I'm not entirely sure but if he is going to get discharged he might get an uncharacterized discharge if he is less than 6 months of being in the Army. Like I said not entirely sure.
2007-11-26 15:42:29 · answer #8 · answered by anonymousryu 4 · 1⤊ 0⤋
If he's convicted they'll boot him out of the Army with an entry level, general, discharge.
2007-11-26 15:35:34 · answer #9 · answered by Yak Rider 7 · 0⤊ 0⤋
apparently he learned no core values from army basic training. sucks to be him. good riddence!!
2007-11-26 15:39:09 · answer #10 · answered by rebel with a cause 6 · 3⤊ 0⤋