Military Personnel and Civilian Courts: When Crimes Lead to Prosecution

When a member of the military faces criminal charges in a civilian court, the process can be intricate and varied depending on the circumstances. This article outlines the complexity of the situation, highlighting the legal processes, the role of JAG offices, and the impact on military service.

Understanding Military and Civilian Jurisdiction

Military personnel are subject to both civilian and military legal systems. Typically, when a member of the U.S. military commits a crime, they are handed over to civilian authorities unless the severity of the crime or the complexity of the case prompts the military to retain jurisdiction. In such cases, if the crime also violates the Uniform Code of Military Justice (UCMJ), the service member may face additional military prosecution.

Case Study: A Navy Incident Involving Murder

For instance, as seen with two sailors facing murder charges, the Navy chose to let the state proceed with the prosecution. Upon conviction, the sailors received less than honorable discharges. This scenario underscores the dual nature of criminal justice for military personnel.

The Role of Legal Authorities

The handling of military personnel facing civilian criminal charges involves several key entities, including the local JAG (Judge Advocate General)'s office, the unit Commander, and the civilian authorities. Here is a detailed breakdown of the process:

Procedures Within the United States

In the U.S., when a military member is charged with a crime, the civilian prosecutor typically informs the relevant JAG office. This office then advises the unit Commander, who may either escort the service member to the civilian police station or request military police assistance if the situation involves potential resistance or violence. In such cases, the service member is then turned over to the civilian authorities for arrest and further legal proceedings.

Complexities Abroad: The Impact of Status of Forces Agreements (SOFA)

The situation becomes more complex when military personnel face charges in other countries. Here, the handling depends on the Status of Forces Agreement (SOFA) and the relations between the host country and the U.S. military.

Possible Scenarios and Outcomes

Host Country Waives Prosecution: In some cases, the host country may waive prosecution and allow the U.S. military to handle the case through a court-martial. This scenario requires coordination between the local command and the U.S. military legal system. Host Country Demands Prosecution: In other instances, the host country may insist on prosecution but allow the accused to remain under military control in a detention facility until trial. This requires close cooperation between military and civilian authorities. Turnover to Host Country Authorities: Under certain circumstances, the service member may be turned over to the authorities of the host country, and their welfare is monitored by the unit First Sergeant, Commander, and consular officers from the U.S. Embassy.

Legal Rights and Support

Regardless of the venue, military members facing civilian charges are entitled to their legal rights. The local command’s JAG office assigns a Judge Advocate and an interpreter to ensure all legal protections are upheld during civilian court proceedings. This support is crucial in maintaining the integrity of the justice system for military personnel.

Understanding Legal Protections and the Concept of Double Jeopardy

It's important to note that the concept of double jeopardy, which generally prevents someone from being tried twice for the same crime in the same jurisdiction, does not apply when the crime is prosecuted in both civilian and military courts. This unique aspect of military legal systems can result in multiple trials, underlining the complexity of the legal framework for military personnel.

Conclusion

The interaction between civilian and military justice systems presents a series of unique challenges and opportunities for military personnel facing criminal charges. Understanding the roles and procedures of various legal entities ensures that each case is handled fairly and appropriately, safeguarding the legal rights of the service members involved.