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Military courts try court cases involving military personnel. These are constituted of commissioned officers. In some ways these are akin to civilian courts. However, there are certain differences wherein it is strictly regulated by military laws that might give rise to some questions. This article provides answers to some of the most commonly asked questions about issues related to this. What is a military court?
It is a court consisting of a judge, a prosecutor and defense counsel. They are lawyers certified by their respective states. These courts are formed by commanding officers when allegations of criminal misconduct arise that have to be prosecuted. They may also have jurors selected by the commander. It is created by the signing of the commander. Once created all the rules of court martial are applied. What is the way by which a person can access the pleadings records of a military court?
Usually, the Freedom of Information Act is the best way to obtain the records. It should be specific and should state the record of trial. You should also state that you are going to pay the fees for the copies. On the conclusion of the trial along with the following appeals if any, the record of the trial is usually available as long as the FOIA request is there. You have to submit the request where the court took place and you would get a copy. Are the proceedings in the military court closed or they have observers?
Military courts, just like their civilian counterparts, are an open forum. However, to get access you have to be eligible to enter a military installation. Apart from that, anyone who is not a witness is an observer in the trial. If someone is found not guilty in a military court, does the prosecutor have the right to say that he wants the person to try on another charge since he did not get the conviction?
In case he feels that he has come across new evidence that could potentially win the case, the prosecutor has the right to try a new case. In more ways than one, the military system is quite close to the civilian system. In some ways the former is the better; while, in others, it might appear to be unfavorable to the accused. As per the manual, all the known charges have to be placed in one court hearing. However, in some cases, another trial might take place. The accused can appeal if the charges are tried for a second time and it is found that they were known during the first trial. Can a civilian investigation of a soldier be transferred to the military for further investigation and formal charges by them if the crime was committed in a civilian jurisdiction?
Technically speaking, the military has the jurisdiction over any action. Every soldier comes under the ambit of UCMJ irrespective of the place of occurrence of the offense. While the state usually takes action against the soldier, they may also decide not to spare the time or effort to proceed and may hand over everything to the military authorities. It depends upon the civilian court as to how much they would go to try the case. There are instances where a soldier has been tried in both the civilian and military courts for the same offense. While there are some similarities between the military and civilian courts, differences do exist. A common man might find it rather difficult to negotiate through the intricacies of the military court’s procedures and become perplexed. In such circumstances, it is better to ask a military lawyer to decide the best course of action and act accordingly.
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