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What are three possible reasons why the military follow national laws and not state laws?
- 7 years agoFavorite Answer
the web page (below) provides: THE MILITARY JUSTICE SYSTEM
(The Uniform Code of Military Justice and Manual for Courts-Martial)
Brief History. The historical foundation for our military law and our criminal justice system is the 1774 British Articles of War. In fact, our first codes, the American Articles of War and Articles for the Government of the Navy, predated the Constitution and the Declaration of Independence. Through the First World War, the codes and the system went through some amendments and revisions but were substantially unchanged for more than 100 years.
Throughout most of this time period, we had a very small standing army. Those who entered the military understood that they were going to fall under a different system of justice with unique and different procedures and punishments.
A large number of citizen-soldiers served in the military during World War I. Even though some people had bad experiences at the hands of the military justice system as it existed at that time, there was not an overwhelming demand to make big changes because it was the "war to end all wars." World War I was viewed as an aberration and the United States quickly reverted to a small standing army after the war ended. In World War II, however, the United States had over sixteen million men and women serving in the armed forces. Incredibly, there were about two million courts-martial during those war years. There were more than sixty general courts-martial convictions for every day that the war was fought: a total of about eighty thousand felony court convictions during the war. The soldiers and sailors of World War II, like those of World War I, were regular citizens who volunteered or were drafted. Many of these citizens also had some very unpleasant experiences with the military justice system. At that time, the military justice system look quite different than it does today and did not offer accused the protections afforded by the civilian courts system. It was a system that was foreign to many American citizens and they disapproved of the way criminal law was being applied in the military. Following the war, many organizations studied and made proposals to improve the military criminal legal system, to include: the American Bar Association, the American Legion, the Judge Advocate Association, and the New York Bar Association. Congressional hearings on the military justice system were also started.
After unification of the armed services under the Department of Defense in 1947, Secretary Forrestal, the first Secretary of Defense, decided that there should not be separate criminal law rules for the different branches of service. He desired a uniform code that would apply to all services. His efforts set the stage for a new uniform system of discipline.
Role of Congress and The President. The foundation of military law is the Constitution of the United States. The Constitution provides that Congress has responsibilities to make rules to regulate the military; it also establishes the President as Commander in Chief of the armed forces.
Congress exercised its responsibilities over military justice by enacting the Uniform Code of Military Justice - the "UCMJ." The UCMJ is legislation that is contained in Title 10 of the United States Code, Sections 801 through 946. It is the military’s criminal code. It was enacted in 1950 as a major revision of then-existing military criminal law, and became effective the following year. The structure of the 1950 UCMJ and the 1951 MCM provided substantial guarantees of an open and fair process that continue to exist today. The UCMJ has been amended on a number of occasions since then, with significant changes occurring in 1968 and 1983. Some of the primary changes enhanced the role of trial judges. The need for qualified military judges, who were experienced attorneys, to be in charge of the judicial process and all courts-martial was made clear. Also, the requirement to have a licensed attorney as defense counsel in courts-martial was established. In 1984, there was another substantial revision to the MCM and the military rules of evidence became substantially the same as the Federal Rules of Evidence used in our Federal court system. The procedural requirements were also changed into Rules for Courts-Martial.
much more at web page .. too much to copy/paste
- 7 years ago
Answer: There isn't. The Military as a federal organization (DOD) observes and follows the state law that they fall under depending on location. The Military as Soldiers, Marines, Airmen and Navalmen are required under the UCMJ to follow local (City/County) and State laws. We as Soldiers are just as subject to state law as we are the UCMJ...in fact the State laws here in Texas are more thorough and inclusive than the UCMJ. I'm not sure who told you that the Military doesn't follow State law but as an organization they do and as individual service members...we follow it.Source(s): 11yrs Active Army