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The Uniform Code of Military Justice (UCMJ) specifically requires active duty personnel to follow all applicable rules of military conduct, whether on or off duty or on or off base. Furlough, a temporary leave of absence from the military, does not change this rule.
→ Read MoreA court martial, also referred to as an Article 32 proceeding under the Uniform Code of Military Justice (UCMJ), is almost always open for the public to attend. Military courts of appeal have noted that the right to a public court martial hearing is not absolute, and a court may, on occassion and with good reason, close the court martial. Consult a military attorney for specific questions about when a court martial is open to the public.
→ Read MoreYes. The military can lawfully order a member to provide urine sample, or to be subject to searches or even blood or hair tests in random drug use testing and testing for other purposes.
→ Read MoreYes, the military may try someone under their own rules, even after a state court trial. The reason is that military and civilian courts are fundamentally separate systems with their own sets of requirements. As a result, the constitutional right to no double jeopardy or no double punishment is preserved by having separate trials in the two different systems. Both the federal government (which usually represents military interests) and a state may prosecute someone for the same conduct.
→ Read MoreIs being ‘late for work’ illegal in the military?
→ Read MoreSort of, but not exactly the way it does in civilian life. While military personnel are not excluded from the rights set forth in the Constitution and Bill of Rights, Article I, Section 8, of the Constitution grants Congress the power to make rules for the government and regulation of the land and naval forces.
→ Read MoreFreedom of speech is a guaranteed right for all United States citizens, in accordance with the Constitution. However, members of the military do face certain context-based restrictions on how they exercise that right.
→ Read MoreThe fact that your state has decriminalized marijuana use is not relevant to military law. The military is a federal institution, governed by federal laws. Drug use is a crime under the Uniform Code of Military Justice (UCMJ) Article 112a, 10 U.S.C. 912a. Further, there is no ‘off time’ for service members when it comes to drug use, nor does the law vary depending on location or even the dominant public perception of the drug use (whatever it may be).
→ Read MoreYes, if written in accord with the practices of America’s two world wars, allowing, for example, for objections to armed service.
→ Read MoreThe Uniform Code of Military Justice (UCMJ) establishes the rules for the independent operation, control, and command of the US military’s four branches. Basically, military law exists for the regulation of military members, the preservation of justice and especially the maintenance of order. The United States military is well-organized and positioned to be of service to the (civilian) President of the United States in part thanks to military law – and especially the UCMJ.
→ Read MoreFind the right lawyer for your legal issue.
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