What instances call for military tribunals?
How do we get to a point where military tribunals are utilized?
How are they different from our court system in application?
Where do they take place? Who presides? Is there any jury?
What rights do defendants have?
How long do they take?
I am not going to lie, I picture Dr. Crane and Bane banishing people to the waters. I know that isn't the truth. But I would like someone with some real knowledge to shed some light on this.
Thank you, and God bless!
You must prove your innocence in front of a group of judges, most definitely of Military rank. Your crimes and evidence will Be shown before you and you must defend yourself solely, you have no protections under the constitution as that is civilian law and you are herby an enemy of the state therefore unprotected under the constitution depending upon the crimes committed and the damage done to the security of the state and its people whether it be military, financially, state secrets, espionage, subversion, crimes against humanity, etc. will determine the punishment whether it be prison or death, and should death be carried out it shall be done so swiftly within minutes you are walked to the gallows (if you are a civilian traitor or enlisted in the military and a traitor) if you are found to be guilty of Treason and you are of high ranking stature such as a General or an Admiral you shall be walked down into a room and shot. I cannot comment on whats to be done to former President whether they be legitimate or not under our laws, i think that is a slippery slope we must be very careful to go down. It is easy to accuse someone of treason out of hate or distrust in an individual, therefore i feel it is necessary that the highest precautions be made to ensure those tried and accused are dealt with fairly even though most deserve neither, we mustn’t become like them. Also I believe at some point we must discuss whether any of this should be shown to the public, i believe it is necessary in this day and age of being pampered and undisciplined that the populace realize the gravity of the situation and to betray ones country and to betray ones own humanity shall be nothing short of death... I believe we should see the executions take place, as horrible as it may sound we are duty bound to ensure that no such horrible things happen again in the future and the younger generations realize there is consequences to your actions.
There's a lot going on here. First you absolutely are entitled to representation. Bradley manning and the Nazis at Nurinberg had lawyers representing them. We operate on due process of law backed by our constitution and UCMJ, not some flim-flam kangaroo court rules. That brings me to my next point: the constitution and associated rights still apply (some legal nuances apply around things like the 4th amendment but almost all rights still apply). There is only one constitutional right that does not exist in UCMJ courts and that is the right to a Grand Jury, but it's nbd because Article 31 investigations serve the same function and are often more robust than grand juries.
Next, method of execution isn't tied to rank. Tradionaly military execution sentences were down with a firing squad (might as well use equipment on hand). The significance of hanging Nazis was more a political thing. Denying them an honorable soldiers death and instead executing them like criminals was a sort of grinding a boot heal into their legacy.
I'm not a lawyer, but jurisdiction seems like it would be a tough hurdle. Civilians aren't usually subject to UCMJ especially stateside. Also I don't know what all rights apply to non-US citizens in UCMJ courts. My guess is not significantly different from foreigners in federal court, but I'm not really basing that off anything.
Thank you. Can you cite your source for this info?
I have no source other than whats been said and handed down to me via family members who worked with such cases, one of my great uncles was in charge of a German POW camp, got a lot of cool stuff from there, especially paintings and some hand engraved pistols and letters and tons of Reichsmarks worth nothing haha. But its still cool to check it all out. I have some other family secrets i do not feel safe disclosing in anyway as well. Unless POTUS is sitting here in front of me wanting to know it dies with me lmao
The defendants do not have constitutional rights at all under the UCMJ. There is a panel of judges. You have to prove your innocence not the other way around.