Many individuals do not understand that the military has its own laws in place and believe that any form of treatment can be handed out to members-cruel or otherwise-and there is nothing the service member can do except grin and bear it. This is certainly not the case and there are precise laws in place to prevent cruelty and maltreatment.
Any individual, regardless of rank or position, who is charged with cruelty, oppression, or maltreatment of any of his subordinates will find himself in a court martial proceeding.
This law is for the protection of any individual who is compelled to follow the orders of the individual accused of the offence. The treatment doesn’t always have to be of a physical nature, but there are standards by which the nature of the offence will be compared. Examples that may come under this section of charges would be improper punishment, assault, and sexual harassment.
If you're a member of the armed forces facing a Military DUI charge, the process and consequences can be much different than someone who faces a civilian charge. There are some important differences you need to understand when you're dealing with a Military DUI charge.
What is intoxicated for a military DUI? For members of the military, a military court can use the state's legal blood alcohol limit for a military DUI. However, military courts aren't limited to the state's legal limit. If your blood alcohol limit is lower than the state's legal limit, but the military court feels it was enough to impair your ability to operate a vehicle, you can still be charged with a military DUI.
Where will your military DUI be tried? Unlike civilian DUI, a military court will try your military DUI. This means that you'll need an attorney that understands military law and military DUI. As in a civilian court, one charged with a military DUI has the right to a defense attorney. It's important that you get an attorney to assist you with the military DUI as quickly as possible. While civilian court proceedings tend to stretch out over a long period of time, military DUI court will move much faster.
What type of sentencing applies to military DUI conviction? In a military DUI conviction, there can be a wide variety of punishment. In a civilian trial, a DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs. These are all limited by state law.
In a military DUI case, the sentencing can be quite different. For example, military DUI does not have a maximum legal sentence, so the court will be able to decide the sentence. A military DUI conviction can result in dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance, fines, and imprisonment. At the very least you may receive a formal reprimand for a military DUI.
How will a military DUI affect my career? A military DUI can have a serious impact on your military career. It's possible to receive a dishonorable discharge ending your military career permanently. Less severe, but still serious, consequences of a military career include the inability to increase in rank or pay grade. Your military DUI conviction will become part of your permanent military record. In the armed forced, a military DUI is a very serious charge with serious consequences.
Assault Crime in the Military Justice System
Perhaps the misinformed conception of the laws pertaining to this offence came about because of the general mindset of the members of the military. Some may have thought that enduring cruelty and maltreatment was all part of the training. There may have been others that were afraid to step forward for fear of repercussions from fellow members. In any event, that type of attitude has changed over the last several years. Most of the members fully realize the hardships of the training involved but are also aware that cruelty and maltreatment are not condoned or tolerated by military law.
There may also be some misunderstanding as to what sexual harassment consists of. The following are some prime examples of sexual harassment, although the list is not all-inclusive, and of course each case depends on its own circumstances.
- Deliberate or offensive comments
- Offensive gestures that suggest they are of a sexual nature
- Threats against the career, wages or employment of an individual in return for sexual favors.
Individuals that are found guilty under Article 93 can receive a dishonorable discharge, one year’s confinement, and be compelled to forfeit pay and allowances. If it is deemed to be a lesser included offence, then it would come under the jurisdiction of Article 80.
These laws have been put in place to protect every member from the type of treatment outlined here. It is important that all those subject to military rule and regulation understand what their rights are, and a Military Law Lawyer will help with that.
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