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eomer

(3,845 posts)
30. That doesn't appear to be correct - civilian law does apply.
Sun May 13, 2012, 08:20 AM
May 2012
If a crime violates both military and state civilian law, it may be tried by a military court, a civilian court or both. Usually the two systems will coordinate to decide where the service member should be prosecuted. A military member can't be tried for the same misconduct by both a military court and another federal court. He can be tried for the same misconduct by both a military court and a state court.

http://military-law.lawyers.com/Military-Law-Basics/Military-Versus-Civilian-Court-Authority.html


I'm just going by what I found in a quick search but it does look like a definitive answer by a source one would think wouldn't be mistaken on such a fundamental question.

So according to this a soldier could be tried for statutory rape under the laws of the state where the conduct occurred. Which I would sure hope would be the case.



yikes, this is heavy. roscoeroscoe May 2012 #1
I am surprised no one else posted this story. nt bathroommonkey76 May 2012 #2
CRIMINAL investigation? What the hell did he do? MADem May 2012 #3
Could it have something to do with this story? bathroommonkey76 May 2012 #4
Sounds likely. pinto May 2012 #5
Until or unless he's court-marshalled caseymoz May 2012 #13
I read a story recently about about a soldier who admitted to having sex with 4 underage girls. bathroommonkey76 May 2012 #16
Underage girls, not children. caseymoz May 2012 #24
The story said he was 20-21 years of age at the time this incidents took place. bathroommonkey76 May 2012 #25
And as I said, in agreement with you . . . . caseymoz May 2012 #26
I didn't mean to write the message in BOLD. bathroommonkey76 May 2012 #29
Sorry, then. caseymoz May 2012 #35
That doesn't appear to be correct - civilian law does apply. eomer May 2012 #30
You're correct 14thColony May 2012 #36
The civilian authorities should have been called on this case obamanut2012 May 2012 #34
For anyone who knows Fayetteville, NC obamanut2012 May 2012 #33
The UCMJ calls it "cardinal knowledge" gejohnston May 2012 #27
for an all volunteer Army where no one wants to volunteer in these endless wars wordpix May 2012 #31
Oh shut up n/t Nuclear Unicorn May 2012 #37
I wish we did too, but gejohnston May 2012 #28
Failures of leadership are not, in and of themselves, criminal. MADem May 2012 #7
hahaha Are you sure that wasn't the local check presentation for the Afghan Lottery? haha bathroommonkey76 May 2012 #8
I found it at Army Times--they were essentially recycling the report you cited. MADem May 2012 #10
Over the years these guys have gotten away with all sorts of crimes. bathroommonkey76 May 2012 #12
I don't know a thing about this guy except that he was on a good track. MADem May 2012 #15
Is that real? There were stories of warlords getting $$$ and buying mansions in other nations. freshwest May 2012 #9
It's a pic from Army Times....the guy is a "businessman" per the blurb. MADem May 2012 #11
Sounds legit to me. People are getting blown to pieces over there. Long-term contracts, conflicts of freshwest May 2012 #21
I hope this is a sign something is finally being done about that. Lasher May 2012 #17
Yes, that's what I was talking about. I hope this stops it. freshwest May 2012 #20
you only have to read the news to know Afghan. is rife with corruption & it's true that's where wordpix May 2012 #32
Looks like a fundamental design error in Afghan currency. caseymoz May 2012 #14
MADem Diclotican May 2012 #18
Insider info Aynawneemuss May 2012 #38
I have to admit that that's what crossed my mind when they whisked him away but didn't throw him in MADem May 2012 #39
He's been sent to Minbar to be an ambassador and lead the rangers. originalpckelly May 2012 #6
You beat me to it! Gore1FL May 2012 #19
What has happened to the Army and the 82nd? Joey Liberal May 2012 #22
The Army Times GP6971 May 2012 #23
Latest Discussions»Latest Breaking News»82nd's Gen. Jeffrey A. Si...»Reply #30