It would take 5 or more pages to describe the differences between the Military Justice System and the Justice System for US Citizens in general.....what we call "Civilians."
While many of the protections/rights afforded all citizens are included in the UCMJ, many are not, and for good reason. The US Military is not a part of the Federal Government as people normally view the Federal Government. It is a separate entity unto itself. This is exactly why the President of the United States has two distinctly different Titles/Duties under the Constitution.
President of the United States........Civilian Government
Commander in Chief...........U.S. Military
There are two separate Chains of Command as well...........
Just want to list a couple of differences some people might not be aware of.
Freedom of Speech IS NOT a Constitutional Right for Active Duty Military Personnel. Reason being is that in order to maintain Unit coherency, individual opinions, the right to question one's Superiors is not allowed, for that would create disruption and chaos within the Unit/Command. ALL Lawful Orders must be obeyed without question by ALL Military Personnel.
Simple example is when the question is posed to new recruits:
"Which is more important.....the Mission or the men?" The Mission always takes precedent over the men. US Military Personnel are expendable. Cold hard truth. When one enlists, them become US Military Property, and issued a Serial Number which serves to identify them.
A Military Commander can, at any time, at his/her own desire order a search of all Military Barracks/Offices/Property. Soldiers are not protected from these searches by the Constitution.
Soldiers are considered US Military Property, as I stated earlier.........a Soldier can even be punished for getting a sever sunburn........if that sunburn is sever enough to prevent him/her from being able to perform their duties in a normal manner. Now, this is an extreme example, but I once processed an Article 15 against a PFC for just this reason. He was Restricted to Barracks for a period of 60 days and fined $35.00. Doesn't sound like much money right? That was his ENTIRE Monthly pay......he lost one months pay!
I'm only scratching the surface here, and probably causing more questions than providing more answers, but, as I said, it would take pages to explain all the differences.
Soldiers do have Miranda Rights......and are provided Defense Counsel......and are protected by the Right to not incriminate themselves. What may surprise people is.........at the bare naked bone exposed truth......Soldiers do not have the right to life, liberty, and the pursuit of happiness. Seems weird right?
What I mean by this is........if a Soldier finds themselves in a firefight, and they decide it is too dangerous to continue to engage the enemy, they DO NOT HAVE THE RIGHT to choose to leave the field of battle in order to protect their lives. That is Desertion Under Fire..........the worst penalty a Soldier can commit. They do not have the right to "liberty" because they are told when to get up, when to eat, what to wear, where to go, when to stand up, when to sit down, even when to go to the bathroom........pretty much their entire lives are structured and regulated by the US Military. Now, granted, these extreme measures are while the Soldier is in training.......Basic Training and/or Advanced Individual Training. But in certain other instances, these limitations are in place for ALL Soldiers, throughout their carer.
The "pursuit of happiness" is replaced with the duty to complete the Mission. The Mission comes first. The Mission ALWAYS comes first.
This is what a lot of civilians don't understand about the Military, and the men and women who actually volunteer to serve in the Military. Why would anyone do so? Out of a sense of DUTY!
If someone has an honest question, I will try to answer it as best as I can, but I won't quibble with those who don't understand the Military, or just want to gripe. I am an old Soldier, and I respect all Soldiers, regardless of their Branch of Service, and while I may not agree with our Foreign Policies and how the Military is sometimes used, I will support the men and women who suit up and answer the call when they are ordered into harms way.
