The process a court uses to try someone accused of a crime can vary significantly depending on whether the individual is a civilian or a member of the military. If you are in the military and facing criminal charges, consulting with a military defense lawyer is crucial, as they can provide specialized assistance for your case.
Serving in the military comes with unique responsibilities and rules, including those related to criminal offenses. Military personnel accused of crimes are subject to distinct legal procedures, with punishments and penalties that differ from those in civilian courts. Regardless of your rank, a criminal conviction can severely damage your reputation and career. Below are some of the main contrasts between civilian and military legal proceedings.
Court-Martial vs. Civilian Court
When a civilian is charged with a crime, they typically go through the civilian court system, facing a judge and a jury. In contrast, military members accused of crimes may undergo a court-martial under the Uniform Code of Military Justice (UCMJ). Courts-martial specifically address offenses related to the military. For minor offenses like reckless driving, a service member might face civilian court. However, serious charges, such as larceny or sexual assault, usually require a court-martial. The three types of courts-martial are:
- Summary Courts-Martial
- Special Courts-Martial
- General Courts-Martial
Jury Composition
Both civilians and military members are judged by a jury of their peers. However, in civilian courts, jurors are typically drawn from the local community, representing a mix of educational and professional backgrounds. In a court-martial, the jury consists of military personnel, often officers, and the jury size may be smaller than the standard 12 members seen in civilian courts.
Voting Requirements
In civilian courts, a unanimous jury decision is necessary to avoid a hung jury and deliver a verdict. Military courts, on the other hand, only require a three-fourths majority to determine guilt and impose imprisonment. However, for death penalty cases in military court, a unanimous vote is required.
Attorney Specialization
The military justice system is complex and demands lawyers with specialized training and experience in military cases. Civilian attorneys are easier to locate, as they are usually listed by state and area of practice. Military attorneys have the unique knowledge necessary to handle cases within the military system, making them invaluable for service members facing legal challenges.
Protect Your Career and Reputation
Criminal charges can have long-lasting effects on your career and personal life. For military personnel, the stakes are often higher due to the impact on their reputation and the additional consequences they may face within the military justice system. Taking the right steps to defend yourself is essential.
If you need to connect with a military defense attorney or schedule a consultation, consider reaching out to a military defense lawyer, such as one from The Federal Practice Group, they can provide the guidance you need to navigate your case effectively.