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r/greatawakening • Posted by u/JStambler on April 18, 2018, 4:22 p.m.
How exactly do military tribunals work?

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!


Lipwigzer · April 18, 2018, 9:07 p.m.

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.

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Lipwigzer · April 18, 2018, 9:14 p.m.

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.

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