The Uniform Code of Military Justice, or UCMJ for short, is a set of criminal laws. These laws were enacted by Congress to punish service members who’ve committed crimes like murder, rape, and substance abuse. UCMJ is also used to award punishments for military-specific crimes like desertion, failure to obey orders, and dereliction of duty.

Websites like militarylaw.com are a goldmine of resources with regards to this. They also offer the resources required if a service member wants to legally tackle the allegations against them.

Like any law, the UCMJ is complex. Understanding them, especially as someone who has just been accused of a crime, is going to be a Himalayan task.

In this stressful time, the service member will have tons of questions. This article lists five of them, along with their answers, so that the service member will have a better understanding of their situation.

What are my rights if I am under investigation?

Like civilians, service members also have certain rights. These rights are valid regardless of whether the service is charged with or investigated for a crime.

Some of the rights that a service member has include:

  • The right to seek legal counsel
  • The right to remain silent
  • The right to a fair trial
  • The right against self-incrimination
  • The right to be informed of the crimes before questioning

Additionally, service members are also protected from unauthorized or unreasonable searches and seizures. The concerned authorities should seek consent from the service member before conducting a search.

Article 32 hearing is used a lot. What is it?

An Article 32 hearing is similar to a preliminary hearing that is seen in civilian law. But unlike civilian law, the Article 32 hearing is conducted by a single person. This person is usually an experienced Judge Advocate General (JAG). In some cases, the hearing officer can be a military judge as well.

The purpose of Article 32 hearing is to determine whether there are any reasons to believe that the service member committed the crime they are charged with. An investigation will be conducted to support the claim. The accused service member has the right to waive this right to investigation.

Do I have the right to a lawyer?

Yes, you do.

All service members who are accused of crimes, no matter how grave they are, have the right to legal representation. They may either accept a JAG appointed by the military court or choose an experienced military lawyer to handle their case.

Service members facing a summary court martial might not have the right to a free military lawyer. But they can hire a lawyer to represent them.

Preferring and referring charges. Are there any differences?

Preferral of charges means that a crime allegation has been brought against the service member. In most cases, the service member’s commander is the one who prefers the charge, but it can be done by any member of the military. 

On the other hand, the referral of charges is the service member’s commander decides to move the case to a court-martial trial. This is usually the next step once a probable cause is found in an Article 32 hearing.

JAG vs. private military lawyer. Who should I choose?

JAG stands for judge advocate general. They are the equivalent of a public defender in criminal cases. They are usually assigned to a service member for quality legal representation.

Although the JAG knows about the law, they lack experience when compared to a private military lawyer.

Private military lawyers also have plenty of resources and lower caseloads. This allows them to spend more time on the service member’s case.

Also, the JAG assigned by the military court will still look into the case even if the service member has hired a private military lawyer.

Conclusion

A crime accusation against a service member can have disastrous effects. The effects of the accusation have an impact on their civilian life as well.

This is why service members should hire a private military lawyer for their case. The expertise and experience of the private lawyer will be hugely beneficial for their case.

NCS
Latest posts by NCS (see all)