Military retirees can still be court martialed, says supreme court (reservist, uniform)
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I bet a whole lot of retirees had no idea that under 10 U.S. Code § 802. Art. 2 (a), any retiree who is receiving retirement pay is still subject to the UCMJ. You can be arrested by military authorities, go on trial in a military court, and sentenced under the UCMJ. The provision apply to any UCMJ violation the retiree commits even if it was off base, involved only a civilian and had no connection to the military. This is not new, so why a retiree wasn't aware, beats me!
That is a pretty long code....
Content Details
10 U.S.C. 802 - Art. 2. Persons subject to this chapter
Title 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
(Sections 1 - 146)
Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
(Sections 101 - 11001)
Title 6 - DOMESTIC SECURITY
(Sections 101 - 1533)
Title 7 - AGRICULTURE
(Sections 1 - 9097)
Title 8 - ALIENS AND NATIONALITY
(Sections 1 - 1778)
Title 9 - ARBITRATION
(Sections 1 - 307)
Title 10 - ARMED FORCES
(Sections 101 - 18506)
Table Of Contents
Front Matter
Subtitle A - General Military Law (Sections 101 - 2926)
Table Of Contents
Front Matter
PART I - ORGANIZATION AND GENERAL MILITARY POWERS (Sections 101 - 499a)
PART II - PERSONNEL (Sections 501 - 1805)
Table Of Contents
Front Matter
CHAPTER 31 - ENLISTMENTS (Sections 501 - 520c)
CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE (Sections 521 - 528)
CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES (Sections 531 - 565)
CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST (Sections 571 - 583)
CHAPTER 34 - APPOINTMENTS AS RESERVE OFFICERS (Sections 591
The way it was explained to me was if your in active duty and you commit a crime off base out of uniform then you’re subject to civilian and military court trials. That doesn’t change when you’re no longer active duty. Whether you’re an active reservist or part of the inactive reserves the US Military can take an interest in your case, recall you to active duty, and place you on trial along with civilian trial if they see fit. This isn’t commonly done but it is within their judicial rights to do so. Because of the time it takes they usually defer to civilian courts, especially if the person is inactive reserves. I suspect the nature of the crime contributed to the military trial involvement.
I suspect he used his former rank and US Marines connections to promote and operate his bars in Japan, his last duty station. There have been some ongoing resentment towards US service members in that community because of the crimes committed by some of the military service members. This probably became a local high profile crime and the military courts wanted to make an example of him using every available legal method at their disposal. Idiot deserved the punishment and worse. Who intentionally records their crime? The evidence against him came from his own hand.
The way it was explained to me was if your in active duty and you commit a crime off base out of uniform then you’re subject to civilian and military court trials. That doesn’t change when you’re no longer active duty. Whether you’re an active reservist or part of the inactive reserves the US Military can take an interest in your case, recall you to active duty, and place you on trial along with civilian trial if they see fit. This isn’t commonly done but it is within their judicial rights to do so. Because of the time it takes they usually defer to civilian courts, especially if the person is inactive reserves. I suspect the nature of the crime contributed to the military trial involvement.
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
Tried twice, but only serve one sentence.
The Greening case got a lot of press and, last I heard, was still working it's way through the system. Greening was tried, convicted, and served a sentence for the killing. The Navy tried him for murder, for which he was found not guilty. They found him guilty of other charges.
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
Due to a myriad of reasons, the military typically will not prosecute someone convicted in a state or local court, and cannot if federal court. They may prosecute on a rare occasion of a different charge, even if found guilty in a state court for example, but this is pretty rare. But if someone is found guilty of assault in a state court, the military is not going to turn around and prosecute on the same charge. However, if a person killed someone, but say pleaded to manslaughter or something, the military may try prosecuting based upon a murder charge, I think there is even a real life case if this. Even with something as simple as a DUI, there is cooperation between local and military authorities, with from my experience, getting prosecuted by the civilians, NJP from the military.
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