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WHAT ARE THE DIFFERENCES IN MILITARY

AND CIVILIAN COURT CASES?

September 29, 2021

Are you a military service member who has been accused of committing a crime? While certain

activities are illegal under both martial and civilian law, the military has a different set of codes,

processes, and penalties for dealing with crimes. If you’re facing a military trial, it’s important to

familiarize yourself with the differences in military and civilian court cases so you know what to

expect.

CIVILIAN LAWS VS. THE UNIFORM CODE OF MILITARY

JUSTICE

Criminal offenses under military law are de�ned by the Uniform Code of Military Justice (UCMJ).

Service members can be tried and convicted in a military court, also known as a court martial,

under UCMJ rules. As a uni�ed code, the UCMJ applies to most service members, including those

serving in the Air Force, Army, Coast Guard, Marines, and Navy, regardless of where they’re

stationed. This differs from civilian laws, which vary at the local, state, and federal levels.

Most crimes in the UCMJ violate both military and civilian laws, including robbery, sexual assault,

murder, and others. However, some crimes only apply in the military, including:

Mutiny and sedition

Failure to obey an order or regulation

Disrespect toward a superior commissioned o�cer

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Conduct unbecoming an o�cer and gentleman

Insubordinate conduct

Desertion

Malingering and self-in�icted injury

And others

MIRANDA RIGHTS VS. ARTICLE 31 RIGHTS

Perhaps no legal term is more widely recognized among the general public than Miranda rights.

You may even be able to recite them from memory — “You have the right to remain silent. Anything

you say can be used against you in a court of law. You have the right to an attorney. If you cannot

afford an attorney, one will be appointed for you.”

In the civilian legal system, people are read their rights while they’re being arrested or questioned

after they are in custody. However, in the military, rights advisement is more proactive and

protective than this. Article 31 of the UCMJ covers service members’ rights, and they are recited

when the accused is being questioned by another military member.

Notably, the service member does not need to be in custody to trigger the rights advisement. This

extra protection for military members stems from their training to obey the chain of command and

prevents law enforcement from taking advantage of an accused member’s obedience to extract

incriminating statements.

CIVILIAN COURT VS. COURT MARTIAL

The civilian court system is divided into two categories. Criminal court deals with unlawful

activities, while civil court handles nearly all other disputes. A military member accused of a crime

that violates both military and civilian law may be tried in a court martial, civilian court, or both.

The accused may not be tried for the same misconduct by both military court and federal civilian

court, but they can be tried by a military court and a state court.

Even so, crimes committed by service members are most often tried in military court. There are

three types, depending on the severity of the crime and the maximum punishments allowed:

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Summary courts martial are for minor crimes resolved under simple procedures. They do

not require a military judge or attorney to be involved (though accused service members

can certainly still hire one). If found guilty, penalties may include con�nement for up to 30

days, hard labor for 45 days, forfeiture of pay, and reduced military rank.

Special courts martial are for misdemeanor crimes. A military judge presides, and three or

more enlisted members determine the �nal verdict. Penalties for guilty parties may include

con�nement for up to one year, hard labor for up to three months, forfeiture of pay, reduced

military rank, or bad-conduct discharge.

General courts martial are for more serious, felony-level crimes. A military judge presides,

and �ve or more enlisted members determine the �nal verdict. Punishments may include

con�nement, forfeiture of pay, and dishonorable discharge. Life imprisonment and the

death penalty are possible for the most egregious crimes.

CIVILIAN JURY VS. MILITARY JURY

Most people are familiar with civilian cases, which are heard and decided by a 12-person jury of

your peers. Military juries work differently. Depending on the type of court martial, the jury—known

as a panel — may consist of zero, three, or �ve members. The accused can also request to be tried

by a military judge alone. Cases that could lead to the death penalty must be decided by a panel of

12 members. It’s also worth noting that panel members aren’t peers — they are commissioned

o�cers ranked higher than the accused.

UNANIMOUS VERDICTS VS. SPLIT VERDICTS

In civilian cases, the jury must vote unanimously to deliver a conviction. Oregon and Louisiana, the

last two states that allowed non-unanimous verdicts in criminal trials, revised their statutes earlier

this year to align with a US Supreme Court decision in 2020 deeming non-unanimous verdicts

unconstitutional.

However, the military is one jurisdiction that still allows for a split verdict in criminal trials. In most

cases, a three-fourths majority is required for a conviction (up from two-thirds prior to 2019).

Cases involving capital offense charges are the exception to this. When a death sentence is

possible, all panel members must vote unanimously.

CIVILIAN APPEALS VS. MILITARY APPEALS

Under civilian law, appeals take place through the appellate court if the accused is not satis�ed

with the judgment. The military also allows appeals, but the process is different. Every branch of

the military has its own appeals court that handles the situation. It’s also important to note that

there is no option to appeal once a resolution is made in a death penalty case.

CIVILIAN ATTORNEYS VS. MILITARY ATTORNEYS

Civilian attorneys are trained in local, state, and federal laws. They may specialize in criminal or

civil defense and gain experiencedise in such matters. However, because the legal code for

civilians differs so greatly from the UCMJ, it’s essential to hire a lawyer experienced with military-

speci�c offenses and litigation. After all, your military career, livelihood, and reputation could be at

stake, so you want to work with the most knowledgeable lawyer possible!

That’s where Joseph L. Jordan, Attorney at Law can help. Mr. Jordan is an accomplished trial

lawyer, leveraging his experience as a former Army JAG o�cer to help him successfully handle the

most complex cases covered in the UCMJ. In the years since starting his private practice, Mr.

Jordan has defended hundreds of military service members stationed all over the world. He is

committed to ensuring favorable outcomes for his clients and works diligently to protect their

rights!

If you’re ready to bene�t from the unwavering support of our experienced military lawyer, please

call Joseph L. Jordan, Attorney at Law toll free at 800-580-8034 or 254-221-6411.

Why Hire a Civilian Military Defense Attorney?

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