Although civilians are not normally under the jurisdiction of the military, when called as witnesses they do tesitify under oath. In that regards, they could be charged with a civil infraction of giving false testimony. Of course if the "civilian" happens to be employed by the military he would be subject to sanction by virtue of his employment.
It depends greatly on the circumstances of the flase statement. Anything from an Artilcle 15 action all the way to a Court Martial.
equivalent to a misdemeanor court in the civilian criminal court system
equivalent to a misdemeanor court in the civilian criminal court system
civilian juror
A court martial is simply a military court. There is no such thing as a mid-term in a military court any more than there is in a civilian court.
Either a civilian lawyer hired by the accused or a military lawyer provided by JAG.
A summary court martial is a trial proceeding. If convicted by the court, the serviceman will have a Federal Felony on their criminal record.
If an individual decided to appeal a court-martial, it would come before the Court of Military Appeals. It is a civilian court made up of three judges.
Yes. Enlisted sailor can request a court-martial instead of submitting to punishment of Article 15. But beware ~ if this sailor later convicted in a court-martial, by UCMJ he cannot appeal based on vindictive prosecution. Ex. case. United States v. Bass. (Court Martial Procedure, Francis A. Gilligan.p,310) And Non-Judicial Punishment doesn't show up as a Federal charge, while a Courts Martial does.
The most severe type of court-martial can be held during times of war.
Yes, he can. The option then for the commanding officer would be to either drop the charge completely, impose NJP (Non-Judicial Punishment) at Captain's Mast, or refer it to a General Court Martial. From the C.O.'s perspective, it wouldn't have gone to a summary court martial unless there was a real offense and the evidence was pretty strong, so whenever a sailor refuses a summary court martial, it's probably going to go to a GCM. This is a bad idea for a number of reasons, not the least of which is that a Summary Court Martial is quite limited in the severity of the punishments that can be imposed. At a GCM, the Court can impose very severe punishments up to and including the death penalty for treason or cowardice during wartime, "or such lesser punishment as the court may direct".
US military personnel DO have Constitutional rights but in many respects the Uniform Code of Military Justice (UCMJ) does not parallel the civilian court system. The two are not really comparable.
A defendant is punished after the jury has listened to the evidence during a trial, and decides whether or not the defendant is guilty.Added: After the jury delivers its decision the defendant will be sentenced by the judge according to the applicable law - then - the defendant's "punishment" will commence.