ryan s
Lv 5
ryan s asked in Politics & GovernmentMilitary · 1 decade ago

can the UCMJ reinstate some one after they are out of the military to face charges ?

i have been arguing with a friend and he says that once they are out of the military they are out and cannot be charged for anything including war crimes...

but i say they can all they haft to do is just reinstate the person and then they charge him.. who is right and could you post an article

thanks in advance

3 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    The UCMJ, which is Non-judicial punishment, will not reinstate a service member to active status, however, JAG, through that service member's branch can and will call that person back to face a court martial. It depends on the crime, jurisdiction of said offense, and agreements that the military and the civilian authorities make. Examples: A retired E8 was recalled to active to be tried for murder at Fort Bragg, late last year. He had already been tried in a civilian court of law, however, with new DNA technology, more evidence had been gathered, and he faced a Court-Martial from the military side. In addition, the former SPC from 101st AIRBORNE, is/was being tried as a civilian in Federal court for the rape and murder of an Iraqi girl. The military chose to allow the Federal court system to try this case. My guess on that, would be because the Federal court system would impose stiffer punishment than the military court; however, life in prison is life in prison.

    Source(s): US ARMY, 18 years, Sergeant First Class
  • 1 decade ago

    YES! absolutly! If the crime or ofense was commited on active duty, and not discovered until the person left active duty.

    For serious charges they can and will return that person to active duty for Courts Martial.

    It would have to be a very serious charge, that warrants a General Court Martial. They would not go to the trouble for minor offenses.

    For the most serious crimes, there is no Statute of Limitations. So even if the person had completed their reserve time, they are still subject to prosecution.

    Source(s): Retired AF SNCO
  • 1 decade ago

    if you are still in the IRR which is your total 8 years of service you can be brought back to face punishment..you have to be active duty in order to get busted..so they activate you just to punish you..

    once you have done your entire contract they can not bring you back to face military punishment..BUT you will be tried in federal court

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