MilitaryTrial.com

FAQ

Does the u.s. constitution apply to military personnel?

Sort of, but not exactly the way it does in civilian life. While military personnel are not excluded from the rights set forth in the Constitution and Bill of Rights, Article I, Section 8, of the Constitution grants Congress the power to make rules for the government and regulation of the land and naval forces.

As a practical matter, most civilian Constitutional rights are afforded to military personnel - although with some differences to fit the military situation. In some areas, such as right to counsel and rights (Miranda) warnings, military personnel have broader protections than those contained in the Constitution. In other areas such as search and seizure, they have reduced expectations of privacy and fewer protections.

Military appellate courts tend to interpret military law as being consistent with Constitutional protections so far as is possible.

Is it illegal if I am late to work in the military?

Yes, the military is much more than a job. Things that would lead a civilian employer to simply fire an employee can lead to criminal punishment in the military.

Article 86 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 886, makes it a crime to fail to go to one's appointed place of duty at the time prescribed, to leave one's place of duty, or to be absent from one's unit without authority.

There is tremendous discretion vested in a military commander to determine what, if anything, to do about a particular violation.

Often a first transgression is dealt with by minor punishment, such as loss of leave, privileges, or extra work assignments. More aggravated cases may result in administrative discharge rather than by referral to court-martial. Intentional behavior, such as coming in late to miss deploying with his unit to an unpleasant location, can result in an unpleasant court martial. The military makes examples of people like that to encourage everyone else to attend wars and other things most folks would prefer to avoid.

Aren't I entitled to free military defense counsel?

Yes. All military defendants (technically "accused") are entitled to be represented by a military defense counsel at no cost. (In fact the military began to provide defense counsel long before civilian criminal courts were required to provide them.)

Military defendants are also entitled to retain a civilian lawyer to represent them at their own expense. Civilian counsel who practice military law are often far more experienced, both in military and trial practice matters, than the free military counsel the service provides them. Civilian counsel also are free of the real pressures and constraints that sometimes makes it difficult for a lawyer in the military to provide the same intensity or type of representation.

Can I be punished by the military for off base conduct? Even when on leave?

Yes. The UCMJ applies to every active duty military member, 24 hours a day,no matter where they are. This also applies generally to reservists, however, the situation will depend upon the facts of your particular case.

What rights does a member of the military have when being questioned?

In the civilian world, one must be advised of his or her rights only during a custodial interrogation. However, the rights of a military member are somewhat broader. Article 31 of the UCMJ, 10 U.S.C. 831, requires a rights warning before any military suspect is interrogated - regardless of whether the interrogation is custodial in nature. If the questioner did suspect the member being questioned, and did not give him a rights warning, any admissions would likely not be admissible against him.

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