The martial law refers to the set of rules and regulations that govern military personnel should they commit a crime on or off a designated base of operations. It should be noted that while non-army convicts can only be subjected to civilian law, military personnel are under the jurisdiction of both sets of governance.
The rules and regulations that will be involved during a judicial process will depend on a number of elements, with one of the major factors being whether the army decides to conduct the prosecution process related to the individual. Those who can fall under both categories of jurisdiction would do well to brush up on their knowledge regarding martial law in cases where they might not be familiar with the subject.
Why was it formed?
This section of administrative law was implemented as a result of the fact that military personnel can at times be held to higher standards as compared to their civilian counterparts. The mindset of this group of personnel is one covered in discipline and order, and individuals are expected to maintain these aspects for as long as they are serving their country. It can also be argued that this sector was formed as a result of the need for additional rules and regulations that do not relate to civilians and thus cannot be incorporated into the general guidelines of the law. It also allowed for an opportunity for this personnel to handle any internal issues amongst themselves instead of shedding light on negative occurrences in public.
What is it based on?
As mentioned earlier, some rules and regulations do not apply to civilians, and thus a different guidance system is required when one is dealing with martial law. This separate set of rules and regulations are retrieved from the Uniform Code of Military Justice, which is applied to members of the US armed forces around the world. Thus a Fort Bragg military defense lawyer, for example, will need to be aware of the UCMJ guidelines that would be implemented in such a case if they are to represent their client successfully. These guidelines were first applied in 1951 after it was passed by Congress and signed by President Truman the previous year. The introduction of the UCMJ replaced the prior collection of statutes relating to the Articles of Government, Articles of War, and disciplinary laws regarding individual services.
Who Falls under its Jurisdiction?
Needless to say, no civilian can be prosecuted under court-martial as this section does not apply to them. Some of the people who might need to seek military legal representation, however, include members of the navy, army, air force, coast guard, and the marines. It is also applicable to members of the various military reserves when such individuals are on active duty. It should also be noted that individuals falling under the previous category do not have to be prosecuted under military law in cases where the offense committed falls under the jurisdiction of a civilian trial. In such instances, the military might opt for the individual in question to face the wrath of general law instead of taking up the matter with their personal representatives.
