Treason--Civilian Courts vs. UCMJ?

Well with the latest news of what might have happened in Iraq, what does it take for a treason charge in the military? Civilian requirements are spelled out in the Constitution, of course, but are there changes for the military, especially in wartime?

Of course they are the same. Do you think military law would override the Constitution?

As I said in the Pit, Reeder, yes.

I can’t find a listing for treason in the UCMJ. Only for espionage.

The comparable charge under the Uniform Code of Military Justice would be “aiding the enemy”.

That’s still not treason as defined by the constitution.

Fair enough, Reeder. But, as someone else posted in the Pit, assaulting your commisioned superior officer during wartime carries a penalty of death.

As I said, I’m waiting for a lawyer–preferably a military lawyer–to show up.

Treason, as defined in the Constitution:

This is covered by the following in the UCMJ:

Sec. 899 Art. 99 Misbehavior Before the Enemy

Sec. 918 Art. 118 Murder

Sec. 904 Art. 104 Aiding the Enemy

There no other provisions for treason in the UCMJ.

IANAL, but I believe that anyone charged with the specific charge of “Treason” would be charged in a civilian court. Therefore, the requirements as defined in the Constitution apply to military members.

Sorry, I forgot the cite:

http://www.treasoninc.com/legalities.html

The military discharges (dishonorably) you, then you get tried for treason.
It was in a movie, or a book, or something. :wink: It’s a civilian crime.
Actually, I think they told us that in boot camp.
Peace,
mangeorge.

I thought that an active military member would be charged with a crime under the UCMJ rather than discharged and tried as a civilian. All of the charges listed above are punishable by death both in peace and war. If tried as a civilian the punishment would be set by Congress (per the Constitution). Besides, military court martials usually are faster than civilian trials.

Okay, I admit it. I guess I was sloppy in my language.

Don’t you think that Sec. 894 Art. 94 (a)(2) Sedition is applicable?

That very well could be, Convict. My memory is pretty vague. Anyway, you can’t believe everything those military types tell you.

The UCMJ is federal law, maybe that has some bearing on the answer.

I did not see that, Nametag. The website I got my information from did not reference that section.

I would think that sedition would fall under aiding the enemy:

I would think that sedition would fall under the “other things” provision. However, I could be wrong (IANAL).

Regardless, thank-you for pointing that section out for us.

mangeorge got it in three. The Constitution is the basic law also for the military. The Uniform Code of Military Justice, aka UCMJ, is a particular code of the federal law enacted by Congress and signed into law by the President.

What others have posted above is the punitive article relating to sedition. Treason is as defined in the Constitution.

On a semi-related issue: yet another piece of scum for a human being, this time retired Air Force Master Sergeant, got sent up for espionage. And the federal government agreed to let his wife continue to draw a portion of his retirement pay. Strike Two in the Reality Arena for federal prosecutions is all I have to say at the moment about that.

What I’m referring to is that it’s unreal that the government sees fit to continue to pay the pension (aka “retainer pay”) of a member of the military when said member is convicted of espionage.

Just for clarification, Monty.

If a soldier aiding the enemy is treason, why have two laws regarding the crime? After all, the UCMJ and the Constitution both provide for punishment of the crime.

I guess I’m trying to figure out where the UCMJ stops and the Constitution takes over.

Does my question make sense?

Convict:

Kind of, but I’m not sure you’re getting the difference between sedition and treason. Since they are two different issues, they’re two different crimes.