What is Military Law in the United States of America?
As a service member, an individual will typically undergo circumstances that are unique to military service; those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of correspondinglegal hearings applicable in circumstances existing outside of military service and military law.
Legal matters undertaken under the jurisdiction of the military – such as the protocol of Military Law upheld within the United States – will be assessed by court officials appointed for the oversight of such matters.As a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Military Law vs. Civil Law
On one hand, military law is similar to civil law in the manner that applicable legal codes specify any or all punitive recourse with regard to crimes and offenses; military law offers a specific framework for conducting, trying, and sentencing. On the other hand, military law differs from civil law – specifically with regard to matters concerning Military Law – as such matters are neither standard nor applicable to civilian legislative parameters.
Military Law vs. Federal Law
Military Law is a legal field classified as a subgenre of Federal Law, which typically addresses the activity and behavior of military personnel; this can include sedition, treason, war crimes, criminal offenses directed towards fellow military personnel, and AWOL charges -unlawful desertion of a service member with regard to their respective commitment to the United States Military Law.
However, the United States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the United States Military Law to exist under the jurisdiction of the Executive branch of the government – resulting in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. Martial Law – the instatement of Military rule over specific jurisdictions within a country or nation – typically falls under the jurisdiction of Federal Law.
Instruments of Military Law
The following legal procedures and methodologies are common within the legal parameters of Military Law:
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ), which is a code of legislative protocol with regard to legal matters applicable to service members
Judge Advocate General Corps (JAG)serve as the acting legal body within the United states Military Law; JAG Corps not only oversee the court martial process, but are responsible for upholding the maintenance of the protocols and parameters expressed within the Uniform Code of Military Justice, as well
A court martial ordered in accordance to Military Law exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings