If you’re a service member facing criminal charges, you might think that one court handles your case. And that’s the end of the story. But then you find out the military may also be taking action.
So, what is the difference between the UCMJ and civilian court? Can you be charged twice for the same conduct? Unfortunately, the answer is not always a yes or no.
Military and civilian courts operate under different systems. In some circumstances, a service member can face proceedings in both. If you are dealing with both systems at once, this is what you want to know.
What Is the UCMJ?
The Uniform Code of Military Justice (UCMJ) is the federal law that governs the military justice system. This applies to members of the armed forces who fall under its jurisdiction and establishes offenses and procedures that differ from those used in civilian criminal courts.
With that, the same conduct can potentially violate both military and civilian law. For example, an incident involving an alleged assault, drug offense, theft, or impaired driving could result in a South Carolina criminal case while also getting the attention of military authorities.
That doesn’t automatically mean you will be prosecuted twice.
Can You Be Prosecuted in Both Civilian Court and Under the UCMJ?
In some cases, the answer is yes, especially when one case is brought by South Carolina and the other is a court-martial. This is known as the dual-sovereignty doctrine. Under this doctrine, the federal government and a state are considered separate sovereigns. The U.S. Supreme Court has ruled that the Double Jeopardy Clause does not prevent separate sovereigns from prosecuting offenses arising from the same conduct.
In that situation, South Carolina brings the state criminal prosecution, while a court-martial falls under the federal military justice system. Because the state and federal governments are separate sovereigns, both proceedings may be constitutionally permitted.
What If You’ve Already Been Convicted in Civilian Court?
A conviction in South Carolina state court does not prevent the military from taking action based on the same conduct. Military appellate courts have addressed situations involving state prosecutions followed by court-martial proceedings. They have applied the dual-sovereignty doctrine in those cases.
What If You Were Acquitted in Civilian Court?
An acquittal does not always end the issue. If the acquittal occurred in South Carolina state court, the dual-sovereignty doctrine may still allow a separate federal or military prosecution in some cases.
Military appellate courts have handled cases involving state-court proceedings followed by military prosecutions, including cases involving acquittals. That does not mean every acquittal can be followed by a military prosecution. The specific facts, charges, and prior proceedings are all important in these cases.
What Should You Do If You’re Facing Both?
Can you face proceedings under the UCMJ and in civilian court for the same conduct? If you’re a service member in South Carolina and you’re dealing with a civilian criminal case while your command or military investigators are also involved, you don’t want to think 615 that resolving one case automatically resolves the other.
The interaction between civilian criminal law and military justice can get complicated. The charges, the timing of each proceeding, the prosecuting authority, and the specific conduct involved can all affect whether you face two cases.
If you’re facing criminal charges in South Carolina and potential UCMJ action arising from the same conduct, Truslow & Truslow PA can look into your situation. We will see whether those two proceedings will interact so that you know your legal options. Reach out to schedule a consultation.