djones520 wrote:
The UCMJ does not in any way shape or form fit within the standard US Judicial system. It's an entirely seperate beast. So much so that protections provided by the Bill of Rights don't even exist for us.
This is also why I have seen in certain, and very rare cases, where a soldier will be tried in civilian court, as opposed to military. Usually this will have to do with punishments, and the admissibility of evidence to the court, where the crime took place, etc. Even though a service member is "on duty" 24/7 no matter where he/she is, they still fall under the jurisdiction of UCMJ. For instance, if I get hammered drunk, drive my car home, and take out 10 pedestrians on the way (unlikely, as no one walks in this town), I can actually be tried under BOTH UCMJ and Civilian Courts.