Elawyers Elawyers
Virginia| Change
Just like the civilian world, the military has a variety of laws to help maintain order and discipline in its ranks. In some ways, criminal laws in the military can be more expansive than those in the civilian world, given its unique role and mission in society. Along with the military’s laws, however, service members are also subject to the full range of criminal laws that exist in the civilian world. This puts them in the unique position of being subject to multiple jurisdictions (military and civilian) for any crime they commit and having to comply with laws that do not apply to everyday citizens. This article will describe the military criminal law system as well as the interplay between civilian law and military law and what it can mean for service members like you.

Military Criminal Law

Coming out of basic training, you're first inclination is probably to think that every action not authorized by a drill instructor is a criminal violation. That's not the case, but it is true that the military has a unique set of criminal laws that it applies to members serving in its ranks, for example, laws that prohibit even casual relationships between service members of different ranks.

The Uniform Code of Military Justice, or UCMJ, contains the punitive articles containing the military's criminal laws. The UCMJ, as well as the Manual for Courts-Martial, also establishes the military's criminal justice system, specifically the procedures involved in a court-martial, which is the military's version of a civilian criminal court. There are important laws and regulations covering the court-martial process, from the rights of a defendant during questioning and the preferral (or initiation) of charges to a defendant’s rights on appeal.

This section will explain the UCMJ, as well as some of its punitive articles which can have a direct impact on your career in the military. It will also describe the courts-martial process, both what to expect if you've been accused of a crime and what rights you have throughout the process, which are important to know even if you're not facing criminal charges.

Civilian Criminal Law and Military Personnel

Most Americans are familiar with the legal concept of Double Jeopardy, that is, the inability of the government to charge you for the same crime twice. However, that concept does not always apply to service members, who can face criminal charges (and separate punishments) from civilian and military authorities for the same actions. One area where service members can see this up close is with DUI laws. This section will cover the often overlapping relationship between civilian and military courts and what rights service members can expect in the process.

Additional Resources

This section will provide you with important resources if you find yourself facing criminal charges. Whether the charges are brought by civilian or military authorities, they can have a significant impact on your military career and livelihood. Given the differing layer of rights provided service members in civilian courts and in military courts-martial and the possible deadlines and waivers for such rights, it's important for you to immediately contact an attorney to assist you in the process.

Recent Topics

  • Civilian Criminal Law and Military Personnel

    While military service members are normally subject to laws and punishments under the Uniform Code of Military Justice (UCMJ), there are times when civilian courts also have jurisdiction over crimes committed by service members. This can happen when ...

  • Civilian Attorneys & Courts Martial
    Created by FindLaw's team of legal writers and editors.

    How to determine whether you need a civilian attorney to represent you for a military court martial, including the basics of your court martial right to counsel and related matters.

  • Failure to Report, AWOL & More
    Created by FindLaw's team of legal writers and editors.

    Information about three closely related military crimes -- absence without leave, missing movement, and desertion -- and how they are charged in military criminal law, with examples of each.

  • Fraternization
    Created by FindLaw's team of legal writers and editors.

    Explanation of fraternization in the military, which involves casual or intimate relationships between enlisted personnel and officers, and how it typically is charged and punished in the military.

  • Military Criminal Law

    When you put on the uniform of the United States military, you take on increased responsibilities as you serve your country at home or abroad. Along with these additional responsibilities comes an entire body of laws and rules called the Uniform Code...

  • Military and Civilian DUI Charges
    Created by FindLaw's team of legal writers and editors.

    What to expect and how to proceed with a drunk driving incident that results in a DUI in both military and civilian courts, and how the two jurisdictions differ.

  • Sexual Assault in the Military
    Created by FindLaw's team of legal writers and editors.

    Basics of sexual assault charges in the military and what to do if you have been charged, as well as emergency contact information for victims and other related information.

  • The Court Martial Process
    Created by FindLaw's team of legal writers and editors.

    Explanation of the court martial process and how it differs from a civilian criminal trial, with information about choosing representation, defending against charges, and rules for appealing court martial decisions.

  • What is Insubordination?
    Created by FindLaw's team of legal writers and editors.

    The meaning of insubordination in the context of the military, and how it is charged as a military crime; with an overview of the legal process and how to defend against charges.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer