SCOTUS - Retirees can be charged under UCMJ

[oohrah]

My 2c

While the rules of evidence are similar, the big difference is you will be tried by a jury of officers, and if you are enlisted, at least one senior NCO. Also, unlike civilian prosecutors, the JAG will almost never go to trial unless the verdict of guilty is lock solid.

The punishment limits are less severe for a Special CM (e.g., BCD vs DD, lesser fines). Only a GCM can issue a DD.

There was one case study in my military law class (from the 60s when homophobia was popular) of a retired Admiral being recalled to active duty and GCMed for being caught in a flagrant act of sodomy. So, there have been other precedents.

 

[majormadmax]

While the rules of evidence are similar, the big difference is you will be tried by a jury of officers, and if you are enlisted, at least one senior NCO...

I know an enlisted person may request a court composed of at least one-third enlisted personnel, but I am unaware of any requirement that states at least one SNCO must be on the board.

Either may also request trial by judge alone.

Also, unlike civilian prosecutors, the JAG will almost never go to trial unless the verdict of guilty is lock solid.

Technically, the JAG doesn't prefer charges in a courts martial, the commander (or convening authority, which is usually a commander in the chain) does. The JAG will assist and provide advice, but ultimately it is the person on G-series orders that makes the final determination.

Now, in reality, the JAG will greatly influence the commander's decision; but I have sat on at least one board that I know of where the commander went against the JAG's recommendation to go to trial.

 

[majormadmax]

Just another notable difference between a courts martial and a civilian criminal trial, with the former a unanimous verdict is not required in most cases. Unless the death penalty is mandatory for the offense in question, the board members may convict by a two-thirds majority. In other words, there is no such thing as a "hung jury" in the military.

If a death penalty is mandated if convicted, then the members (in which case there must be at least 12) must be unanimous in their verdict.

Just to add, all members of the court-martial board are required to be senior or equal in rank to the accused person.

 

[avvidclif]

We called it Uniform Code of Monkey Justice.

 

[gshayd]

Retired pay makes you subject to recall for life. Unless you were medically retired. Then they have to recall all the other retirees before you. You are also subject to the UCMJ. Only members of the regular components of the Armed Forces are subject to this. The only way they can get you as a reservist is if you are receiving hospitalization from an armed force. Reservists are subject to military justice during inactive duty training and Active Duty. The National Guard is subject to the UCMJ when on Federal duty.