Benefit Guide to Military Legal Matters
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When it comes to legal matters, the military can be seen like a country in and of itself. The military operates according to its own set of laws and metes out its own punishment.
The legal backbone of the military is called the Uniform Code of Military Justice (UCMJ). The UCMJ applies to all active-duty, reserve, Guard and retired military personnel in all branches of service.
The UCMJ sets up guidelines or laws for the bringing of cases before military courts, the various types of court-martial, treatment and arrest of prisoners, and the trial process. The UCMJ also attends to military legal matters that govern military jurisdiction, legal investigations, discharges, the release and revision of military records, post-trial review procedures, and appeals.
The military legal system provides military commanders with the necessary tools to enforce good behavior and discipline. For example, it's not a crime if you're late to work as a civilian, but it is a crime if you're in the military. The commander can pull from various military legal alternatives when enforcing good behavior, from informal counseling to a full blown General Court Martial where a person could be sentenced to hard labor or even executed.
Aside from the Constitution, there are both written and unwritten sources that contribute to the way in which military legal matters are handled. The US Constitution, powers granted to Congress, authority vested in the President, the Fifth Amendment and International Law all contribute to military law.
Whether or not a legal matter falls under the jurisdiction of the military depends on several factors:
- Is the accused person subject to the UCMJ?
- Is the conduct prescribed by the UCMJ?
- If the answer is yes to both questions then and only then will the case become a military legal matter and subject to court-martial.
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