When a military guy is arrested...

[KC0VWU]

Tonight on To Catch a Predator there were several active military guys who were arrested. Do they get turned over to the MPs or do they go through the system like everyone else? Do they end up getting dishonorable discharges?

[ab8ro]

Quote[/b] (KC0VWU @ Mar. 14 2007,23:10)]Tonight on To Catch a Predator there were several active military guys who were arrested. Do they get turned over to the MPs or do they go through the system like everyone else? # Do they end up getting dishonorable discharges?
They aren't necessarily just turned over to the mps. I believe that it can go either way. However, it's probably in their best interest to not face a military court. Military courts are monkey courts. For the most part, you're guilty.

[nx6d]

Quote[/b] (KC0VWU @ Mar. 15 2007,21:10)]Tonight on To Catch a Predator there were several active military guys who were arrested. Do they get turned over to the MPs or do they go through the system like everyone else? # Do they end up getting dishonorable discharges?
Don't they go through both systems, military and civil?

[n1ydx]

Depends on the offense. Civil court takes it first. If the military decides it's a punishable offense, the soldier gets to know the UCMJ. Uniform Code of Military Justice. Sorta like getting hit for the same crime twice.

I knew a guy who was sentenced to jail for a year. He would be dropped off at the gate by county jail officials each morning, escorted to his work by an MP and escorted back to the gate in the evening to go back to jail. When his sentence was up, he was discharged from the service under the UCMJ.

N1YDX - Lee

[KW4MW]

We called it double jeopardy.

[w5klb]

Quote[/b] (n1ydx @ Mar. 16 2007,03:43)]Depends on the offense. Civil court takes it first. If the military decides it's a punishable offense, the soldier gets to know the UCMJ. Uniform Code of Military Justice. Sorta like getting hit for the same crime twice.

I knew a guy who was sentenced to jail for a year. He would be dropped off at the gate by county jail officials each morning, escorted to his work by an MP and escorted back to the gate in the evening to go back to jail. When his sentence was up, he was discharged from the service under the UCMJ.

N1YDX - Lee
...Or if they were found guilty and sentenced to some jail time out in the civilian world, they would be deemed A.W.O.L., or "U.A." (Article 86 UCMJ) and be punshished for it when they returned from their sentence. I have heard of cases like that when I was serving in the Navy.

[KG6JTB]

Quote[/b] (KW4MW @ Mar. 15 2007,05:44)]We called it double jeopardy.
It's not double jeopardy if both judicial systems have jurisdiction. A service member is usually tried in one or the other. Double jeopardy is if a court of the same jurisdiction tries the defendant twice after a verdict.

I served with a lieutenant who killed his wife after Desert Storm. He's serving life in Leavenworth. The military tried him under UCMJ as we were stationed in Germany.

Dave
KG6JTB

[W3MIV]

Quote[/b] (KW4MW @ Mar. 16 2007,06:44)]We called it double jeopardy.
Double jeopardy is a provision of the US Constitution. The military are subject to the UCMJ, and not protected by the US Constitution. If you are serving in the military on active duty, you have no Constitutional rights; your rights are defined in the UCMJ. For example, Article 31 of the UCMJ is roughly the equivalent of the 5th Amendment to the US Constitution with regard to the right against self-incrimination. An MP will read you your Article 31 rights upon arrest. In detail, however, the Constitution and the UCMJ often differ.

Usually, if the offense is committed in a civil jurisdiction, the prosecution will be by civil authority (but, as has been pointed out, one can still be tried by Court Martial as a separate procedure). If one commits a felony in a civil jurisdiction and is tried and acquitted of that offense, that individual may still be hauled before a military court and tried for any number of "related" offenses, including "conduct unbecoming;" it is possible to be acquitted in a civil court, and dishonorably discharged by a military court.

[W3MIV]

From the UCMJ:

Quote[/b] ]814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

[ka5piu]

Hello.

If one is smart they can "work the rule" and do nothing!
http://en.wikipedia.org/wiki/Work-to-rule
Prior to the nitwit in California who stole a tank it was not uncommon to do "OJT" while off duty.
What is the military going to do with somebody who steals a light aircraft 3 nights a week? nothing.
The trouble is that the rules are so complex that it is easier to bust somebody for unauthorized use of a simulator.
Not that I would not hit that in the wee hours of the morning.
But it also depends on the command.
In my case the powers to be understood the need to both train and the desire to "get away".

[ne6ao]

Well in consideration of this particular crime he's dog meat in either court