UCMJ does not give the commander king like powers. Persons charge under the UCMJ get a trial and are afforded the same constitutional rights as those charged in civilian courts
And what civilian court has a 90% conviction rate like the military or are we to believe that military law enforcement is so superior that there just that good?
You could be convicted of walking on the grass if given an order not to do so before hand. However, no one is going to be tried for doing that. The time and effort required to court martial a Soldier is enormous. No trial counsel (prosecutor) is going to support such a charge. The response will simply be "Give him a counseling statement".
And yet the fact remains that if a commander chose to this could happen.
In what other profession does your boss have this power? Dont take me wrong I raised my hand and did my duty but make no mistake some parts of the UCMJ are antique and outdated.
Servicemembers have the right to decline nonjudicial punishment (except those embarked on a vessel) and trial by sumary court martial
Name another job were being late several times can result in a Federal conviction? Whos going to refuse a article 15 and face a federal conviction under a 90% conviction rate.... Only a fool.
Im not claiming that UCMJ is evil or some thing or that every evil thing under the sun is approved of under it, but make no mistake it was written in the 50's and what century are we in? Im not even saying much of the UCMJ isnt valuable but abuse of it is easy and much of it is outdated.
Much like most everything else a review every 50 years or so is probably helpful.
In contested trials i would guess the military conviction rate is pobably the same as it is in the civillian system. The government still has to prove guilt beyond a reasonable doubt.
For someone who works in the military legal system I am astonished that you dont know the conviction rate.. Im not making it up...
Do you know that military people arent even afforded sleep under regulation? All you need is 4 hours of rest. - This is the kind of stuff I am driving at old, outdated and out moded.
Yes absolutely the military needs regulations but the 50 year review is well overdue.
Further SFC tell me if a commander at a given level chooses not to court marshal a person what then happens? Is the person court marshalled? No....
not unless over ruled by a higher commander... sounds a lot like a king to me especially since the commander doesnt have to even refer it to a prosecutor is he or she chooses not to..
Much like the JAG office, complain all you want, the little sign in ever single office says that ultimately any complaint to the Jag does not over rules the commanders final decision. (again Kingly)
Now I know all this sounds so against UCMJ but I am not, its a new century, time for a new review of the laws. Keep the regulations essential to good order but as for me now retired I will be out there walking across the grass.
I included a link but it was unfair so I deleted it as these guys were too far out there. I looked for the 98% conviction rates stats but it looks like 90% is the currently google accepted rate.. Crazy to go against those odds.
Oh yea the company commander that wouldnt let my unit have rounds seemed mighty kingly when the FOB was attacked and we had nothing but harsh looks to use. Fortunately the parimeter held otherwise it was me and my trusty Gerber MK II that I always carried because its better you end up in a box than on then news. I always carried a knife because most the places I have been fired upon we had no ammunition to fire back well at least until the 2nd half of afganistan.
PS SFC Thank you for your service.
