Criminal Law 122 Spring 2012 Professor Whitaker Mini-Project #1 Group 5: Operation Order

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  • Works citedDirect Gov.2012 February 16 received from http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Typesofcrime/index.htm 
  • Criminal Law 122 Spring 2012 Professor Whitaker Mini-Project #1 Group 5: Operation Order

    1. 1. Military Versus Civilian Court Authority Group 5: Krystal Lugo Sarah Mcfarlande Veronica Ortiz
    2. 2.  According to Gardner and Anderson, international criminal law can be defined as offenses against the law of nations by international treaties and international conventions. Resulted in creation of the International Criminal Court in July 2002 after the ratification of The Treaty of Rome. This court has the power to investigate and prosecute people accused of genocide, war crimes, and crimes against humanity.
    3. 3.  Guides the military criminal process Exclusive authority over military members Can be tried and convicted in a court martial or military court(covers soldiers of the Air Force, Army, Coast Guard, Marines, military reserves while in active duty and Navy)
    4. 4.  Mutiny Sedition Failure to obey an order Insubordinate conduct( Most crimes violate both military and civilian law. Some examples: robbery, assault, and murder.)
    5. 5.  Based on the location of a crime Crime must have occurred within the boundaries of the state
    6. 6.  May be tried by military court,civilian court, or both. Cannot be tried for the same misconduct by military court and another federal court CAN be tried for the same misconduct by both military court and a state court(The two systems will coordinate to decide where the service member should be prosecuted)
    7. 7.  Special Court-Martial Summary Court-Martial General Court-Martial These are punishment procedures utilized by the military to punish soldiers for crimes varying by severity of the crime(s) committed.
    8. 8.  Used for crimes that are considered to be misdemeanors. Penalties include the following: Confinement for one year Hard labor without confinement for up to three months Forfeiture of two-thirds pay per month for up to one year. Reduction in pay grade. Bad-conduct discharge.
    9. 9.  Used to resolve minor crimes. Penalties include the following: Confinement for 30 days Hard labor without confinement for 45 days. Forfeiture of two-thirds pay per month for one month. Reduction to the lowest pay grade. Note: for service members with higher pay grades, confinement or hard labor without confinement cant be imposed, and their pay grade can only be reduced to the next lower level.
    10. 10.  Used for the most serious crimes. Can impose any punishment not prohibited by the Uniform Code of Military Justice (UCMJ). In some cases, a death sentence is a possible punishment.
    11. 11. It all DEPENDS on the STATUS of the offender!! THE END

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