Is off-base conduct covered by military law?

The Uniform Code of Military Justice (UCMJ) specifically requires active duty personnel to follow all applicable rules of military conduct, whether on or off duty or on or off base. Furlough, a temporary leave of absence from the military, does not change this rule.

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Can a person be convicted of the same crime in both civilian and military court?

Yes, the military may try someone under their own rules, even after a state court trial. The reason is that military and civilian courts are fundamentally separate systems with their own sets of requirements. As a result, the constitutional right to no double jeopardy or no double punishment is preserved by having separate trials in the two different systems. Both the federal government (which usually represents military interests) and a state may prosecute someone for the same conduct.

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What is the Uniform Code of Military Justice (UCMJ)?

The Uniform Code of Military Justice (UCMJ) establishes the rules for the independent operation, control, and command of the US military’s four branches. Basically, military law exists for the regulation of military members, the preservation of justice and especially the maintenance of order. The United States military is well-organized and positioned to be of service to the (civilian) President of the United States in part thanks to military law – and especially the UCMJ.

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