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Ward K Johnson Law

Ward K Johnson Law

Bismarck ND Breaking down Military law in the US
Military Lawyers Bismarck ND

The freedom of the country we all know and love today is because of brave young civilians who have and continue to work service of this great country. The country along with the laws recognizes their contributions and has drafted different legislations for people in the military. Military law in America is a set of rules that operates the police, courts, and the legislature. It also applies to armed services at home, abroad to both active and non-active members of the military. It does not govern normal civilian people. Title 10 of the United States Code establishes military rules and procedures called the Uniform Code of Military Justice or UCMJ. It forms the basis for military law in the United States. 

Military laws are wide-reaching in nature and cover topics ranging from insubordination to theft. It lays down the crimes and the penalties for them and also establishes the procedural rights available to the accused. Most of the criminal laws are the same as those available in criminal civilian law, however, these UCMJ covers crimes covered in the military context. The Uniform Code of Military Justice is therefore not applicable only based on what the federal rules state but also is applied in coordination with international laws of war and armed conflict. These can have far-reaching implications if anything goes south. People facing the wrong end of the law can be tried in a foreign country and could face persecution in that country. Military laws can help avoid such situations and use the Uniform Code of Military Justice to seek out the best possible solution within American law and jurisdiction. 

For military law, the President of the military, which is the Commander-in-chief has the authority to create military commissions and tribunals that will try individuals from the military. While the creation of the tribunal is in the hands of the commander-in-chief, the laws that will be applicable still have to conform to the Uniform Code of Military Justice and the American Constitution. These tribunals and commissions can hold trials against individuals who have been accused of misdoing within the prescribed Statutes. These military commissions and tribunals can also persecute civilians if they are in violation of the laws of war. In such a case especially, hiring military lawyers Bismarck ND will come extremely in handy as military laws are more rigorous than normal civilian law, and having a military law firm Bismarck ND to navigate the waters here can be made easier. Members in service who are accused under the Uniform Code of Military justice have a right to a fair trial as well as a right to a free military law attorney. As is available to civilians, they also have the right to remain silent and be tried in a special and general court-martial. They also have a right to not choose the lawyer provided by the military and hire a civilian lawyer. This does come highly recommended as the accused can be sure that the military lawyer’s interests lie with the accused alone. Apart from this, the accused also cannot be searched and their belongings cannot be seized without a legal warrant. It is notable that Military law upholds fundamental rights available to all in the American Constitution and does not strip anyone of their God-given dignity. All of these rights are echoed in the fourth amendment rights available to all citizens.

The process of how the trial unfolds is best explained for individual cases by military lawyers Bismarck ND, however, in brief, after a charge is brought against any US military person, it leads to a summary, special or general court-martial. 

The difference between the three are:

1. Summary court is for an Article 15 violation which deals with misdemeanors under civilian criminal laws 

2. A special court-martial is for a violation that is similar to the above misdemeanors 

3. A general court-martial deals with violations that are similar to a felony. 

These are hard and confusing for anyone to deal with by themselves. At Ward K Johnson, military lawyers Bismarck North Dakota are licensed and trained to best represent your needs in military and federal courts. Contact top military law firm Bismarck ND now!