Answer By law4u team
While military personnel are primarily subject to military law and courts (through the Army Act, Naval Act, Air Force Act, etc.), they can also be tried for civilian crimes if the offense falls under civilian jurisdiction. The question of whether a military member can be tried for a civilian crime depends on factors such as the nature of the crime, where the crime occurred, and the laws governing jurisdiction. In some cases, military personnel can be subject to both military and civilian courts for the same offense, leading to what is called dual jurisdiction.
Circumstances When Military Personnel Can Be Tried for Civilian Crimes:
Offenses Committed Outside Military Jurisdiction:
If a military member commits a crime outside the scope of military duty or off-base, such as theft, assault, drunken driving, or murder, they may be tried in civilian court. This applies even if the offense occurred while the individual was not performing military duties.
For example, if a soldier commits a robbery in a civilian area or is involved in a car accident while off duty, they would generally be subject to civilian jurisdiction.
Crimes Involving Civilian Victims or Impact:
If a military member’s actions harm a civilian or violate civilian laws (e.g., drug trafficking, domestic violence), the case may fall under civilian jurisdiction, and the military personnel could be prosecuted in a civilian court.
An example of this would be a military member involved in a domestic violence case that involves a civilian spouse, which would be prosecuted under civilian laws.
Dual Jurisdiction (Concurrent Jurisdiction):
In some cases, military personnel can be tried in both military and civilian courts for the same crime. For example, if a soldier commits a crime like sexual assault or murder, it may be prosecuted under both military law (for violation of military codes) and civilian law (for the crime against the civilian justice system).
This is known as dual jurisdiction, and it may involve separate trials in military and civilian courts, but the individual can only be punished once for the same offense to avoid double jeopardy.
Civilian Offenses Committed During Military Duty:
While military courts have jurisdiction over crimes committed during military service, if these crimes are civilian in nature (e.g., fraud, embezzlement, or drug use), they may still be prosecuted under civilian criminal law, especially if the military court lacks jurisdiction over the offense. For example, an officer involved in a fraud scheme against a civilian company may be tried in a civilian court, even if they were on military duty at the time.
Differences Between Military and Civilian Trials for Military Personnel:
Jurisdiction:
Military Courts: Military personnel are primarily governed by military law and tried in military courts, such as court martials, for offenses that fall under military jurisdiction (e.g., insubordination, desertion, conduct unbecoming, etc.). Military courts have jurisdiction over crimes that are directly related to military duties and discipline.
Civilian Courts: Civilian courts have jurisdiction over offenses that violate civilian laws, even if committed by military personnel. The civilian criminal justice system deals with crimes like theft, assault, and other offenses against civilians or civilian property.
Punishments:
Military Courts: Punishments in military courts often include demotion, dishonorable discharge, confinement, or other military-specific penalties that reflect the nature of the offense and its impact on military discipline.
Civilian Courts: In civilian courts, the punishments can include imprisonment, fines, or community service, depending on the severity of the crime and the penalties prescribed by civilian law.
Procedure:
Military Courts: The procedures in military courts are governed by military law, which includes the Uniform Code of Military Justice (UCMJ) in the United States or similar laws in other countries. These courts have a different set of rules compared to civilian courts, often including military-specific elements like court martials, military judges, and juries composed of military personnel.
Civilian Courts: Civilian courts follow standard criminal law procedures, which involve a judge, a prosecutor, a defense attorney, and a jury (in many jurisdictions). The procedures are designed to uphold the rights of the defendant under civilian law.
Example:
Military Crime: A soldier who deserts their post during a military operation would be tried under military law for desertion, which is a serious military offense.
Civilian Crime: If that same soldier were to commit a robbery in a civilian area, they would be tried under civilian law in a civilian court, as the crime is unrelated to military duties.
Dual Jurisdiction: In a case where a soldier commits a violent assault both on a fellow service member and a civilian, the soldier could face trial in both military and civilian courts for the same act, though only one set of punishments would be applied to avoid double jeopardy.
Conclusion:
Military personnel can be tried for civilian crimes, particularly if those crimes occur outside the scope of military duties or involve civilian victims. While military personnel are generally subject to military law and courts, civilian crimes committed by them fall under civilian jurisdiction. In cases where both military and civilian laws are applicable, the individual may face prosecution in both courts, though only one punishment is applied. The key distinction between military and civilian trials lies in the nature of the crime and the jurisdictional authority over the case.
