How is the military justice system different from the civilian criminal justice system?
The military justice system actually has several advantages over the civilian criminal justice system. For instance, you have the right to demand an Article 32, UCMJ, hearing prior to a case being referred to a General Court-Martial. This hearing is akin to a federal grand jury proceeding, with one notable caveat; you are free to contest the Government’s version of events. Accordingly, you have the right to call witnesses, offer evidence favorable to your case, confront your accuser, discredit the Government’s case, and/or generally offer compelling evidence in mitigation or extenuation that might persuade the convening authority to send your case to a misdemeanor (Special Court-Martial) level court. Later, at trial, you may request expert witnesses be appointed to your defense team, at Government expense. Finally, and perhaps most significantly, evidence about your good duty performance alone, in the military system, if compelling and consistently strong, could conceivably lead to a f
