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Old 07-03-2009, 12:37 PM
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Exclamation Is there anybody to tell me military jurisdiction and civil justince system in USA ?

Ehmm.. In Turkey, current governer party prepares to change justince system (they want military personnels to be judged civil courts)

Our Turkish Armed Forces and government are in conflict, military doesn't want to this change. But Ak party government wants it.

I personally agree with military. Otherwise, the civil courts might be affected by government parties. Because the politics in Turkey goes with conspiracy theories. A field officer WAS being judged my military court due to a newspaper (its name was "Taraf") made a lie news as usual(at least I think so) and blamed the field officer for preparing to organize a coap, the military court decided. " The documents which used for the news were fake, because the date place and title places in the documents are wrong, this is not our writing type and the signature that had thought belong the field officer is also fake " But current government does not believe and want to change justince system...


Our army chief İlker Başbuğ said that military court system was only in Turkey but also England,Italy, Spain, Holland and even United States. Military is angry with the governer party...

Now I am curious about your justince system, how the military justince works in USA ?


Could you please enlighten me ?


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Old 07-03-2009, 01:12 PM
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It all depends on where the crime is committed, and who is the victim.

If a soldier commits a crime in a city or town, he is tried in a civilian court. Depending on the circumstance,he might also be tried in a military court.

If the crime is committed on a military base, against military property, or affects military personnel, he will be tried in a military court.

It's not cut and dry. Each case is determined by the circumstances.
Because civilian courts are state courts and military courts are federal, he can be tried in both.
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Old 07-03-2009, 05:38 PM
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Quote:
Originally Posted by Tarheeler View Post
It all depends on where the crime is committed, and who is the victim.

If a soldier commits a crime in a city or town, he is tried in a civilian court. Depending on the circumstance,he might also be tried in a military court.

If the crime is committed on a military base, against military property, or affects military personnel, he will be tried in a military court.

It's not cut and dry. Each case is determined by the circumstances.
Because civilian courts are state courts and military courts are federal, he can be tried in both.
In some cases, a soldier may even be tried in both courts for various aspects of the same crime.

Service members are always held to a higher standard than civilians and the armed forces must always be answerable to civilian authority otherwise the country runs the risk of military coup.
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Old 07-04-2009, 03:56 PM
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What has been said above is correct. The military uses what is called the UCMJ (uniformed code of military justice). It takes many of the laws written within it from the civilian justice system and adds military specific law as well. You can be tried in court for just about anything under the UCMJ if it is considered as violation of good order and discapline. It is by far the strictest set of rules in the US (the UCMJ).

Most military members are tried twice. If the offence is committed outside of the base, they are still subject to military prosecution resulting in Dishonerable discharge. Anyone with a dishonerable discharge is scared for life. They can no longer get a job anywhere in the US with a company that might deal with the US government. The US government will not award contracts to companies that hire those who are dishonerably discharged from the military.
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