| | Discipline and Punishment: In Full, | |
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Tirora Lieutenant
Posts : 63 Join date : 2009-06-01 Location : Chatham, Kent, United Kingdom
| Subject: Discipline and Punishment: In Full, Mon Jun 22, 2009 9:16 pm | |
| Upon joining the armed forces the law changes.
Members of the armed forces are not subject to civilian law (though it should be noted many civilian offences are military ones,) but instead, military law, which primarily exists to maintain discipline in the armed forces.
This article will explain how breaches are tried and how the defendant sentenced, what the breaches actually are, and what punishments can be given out.
Trial:
Court Martial
A court martial is a kind of military court designed to try members of the armed forces, operating outside the scope of conventional criminal and civil proceedings.
Court martials are reserved for only the most serious crimes which warrant execution or custodial sentences.
+ How does it work?
- Generally, it will have a jury of three army officers (who were not directly involved in the case) who will decide the verdict. - It will be presided over by a civilian judge, who will create the punishment based on the verdict. - It will work as an ordinary crown court trial does otherwise, with defence barristers, prosecution barristers, witnesses, etc.
+ Court martials can use any punishment from death to a fine. There are no limitations.
+ The Field Marshal may act as a court martial herself, if the situation requires it.
Officers
Generally, and for most summary or either-way offences (minor / moderate,) the disciplinary or commanding officer will act as a magistrate and create the punishment themselves based on their own judgment. It works as simple as that.
Last edited by Tirora on Sat Jul 04, 2009 10:53 pm; edited 9 times in total | |
| | | Tirora Lieutenant
Posts : 63 Join date : 2009-06-01 Location : Chatham, Kent, United Kingdom
| Subject: Re: Discipline and Punishment: In Full, Mon Jun 22, 2009 9:17 pm | |
| Military Law:
As mentioned before, it should be noted most military law offences are based on civil and statute law.
The below is a list of crimes in the military:
(Note, this is not a full list, but it covers most serious crimes.)
- Attempts. - Conspiracy. - Cowardice. - Fraudulent enlistment, appointment, or separation. - Unlawful enlistment, appointment, or separation. - Desertion. - Absence without leave. - Disrespect toward superior officer. - Insubordination, mutiny or sedition. - Assualts or violent attacks. - Failure to obey order or regulation. - Resistance, breach of arrest, and escape. - Releasing prisoner without proper authority. - Noncompliance with procedural rules. - Misbehavior before the enemy. - Compelling surrender, aiding the enemy, or misconduct as prisoner. - Spies. - Theft. - Drunk on duty. - Wrongful use, possession, etc., of controlled substances. - Misbehavior. - Riot or breach of peace. - Murder. - Manslaughter. - Rape. - Robbery or burglary. - Forgery. - Maiming. - Arson. - Extortion. - Perjury.
Last edited by Tirora on Fri Jun 26, 2009 7:44 pm; edited 2 times in total | |
| | | Tirora Lieutenant
Posts : 63 Join date : 2009-06-01 Location : Chatham, Kent, United Kingdom
| Subject: Re: Discipline and Punishment: In Full, Mon Jun 22, 2009 9:17 pm | |
| Punishments:
Only able to be issued by a court martial or the Field Marshal,
- Capital punishments, except those done on the Field in situations of desertion or cowardice etc. - Custodial sentences, exceeding three days.
Officers can punish as they will as long as it does not conflict with the above, original examples being 'cooler time', whipping, suspension of pay, etc. Some officers may be imaginative! | |
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