Military Versus Civilian Court Authority

Group 5: Krystal Lugo

Sarah Mcfarlande

Veronica Ortiz

International Criminal Law; Military Law (UCMJ)

According to Gardner and Anderson, international criminal law can be defined as offenses against the law of nations by international treaties and international conventions.

Resulted in creation of the International Criminal Court in July 2002 after the ratification of The Treaty of Rome.

This court has the power to investigate and prosecute people accused of genocide, war crimes, and crimes against humanity.

Crime?

Guides the military criminal processExclusive authority over military membersCan be tried and convicted in a court martial

or military court

(covers soldiers of the Air Force, Army, Coast Guard, Marines, military reserves while in active duty and Navy)

Uniform Code of Military Justice (UCMJ)

MutinySeditionFailure to obey an orderInsubordinate conduct

( Most crimes violate both military and civilian law. Some examples: robbery, assault, and murder.)

Solely military crimes

Based on the location of a crimeCrime must have occurred within the

boundaries of the state

Civilian Court Authority

May be tried by military court,civilian court, or both.

Cannot be tried for the same misconduct by military court and another federal court

CAN be tried for the same misconduct by both military court and a state court

(The two systems will coordinate to decide where the service member should be prosecuted)

Crimes that violate both civilian and/or military law

Types of Military Court-Martial

Special Court-MartialSummary Court-MartialGeneral Court-MartialThese are punishment procedures utilized by

the military to punish soldiers for crimes varying by severity of the crime(s) committed.

Special Court-Martial

Used for crimes that are considered to be misdemeanors.

Penalties include the following:Confinement for one yearHard labor without confinement for up to

three monthsForfeiture of two-thirds pay per month for up

to one year.Reduction in pay grade.Bad-conduct discharge.

Summary Court-Martial

Used to resolve minor crimes.Penalties include the following:Confinement for 30 daysHard labor without confinement for 45 days.Forfeiture of two-thirds pay per month for

one month.Reduction to the lowest pay grade.Note: for service members with higher pay

grades, confinement or hard labor without confinement can't be imposed, and their pay grade can only be reduced to the next lower level.

General Court-Martial

Used for the most serious crimes.Can impose any punishment not prohibited by

the Uniform Code of Military Justice (UCMJ).In some cases, a death sentence is a possible

punishment.

It all DEPENDS on the STATUS of the offender!!

THE END