1. Question: Would the civilian be tried in military or civilian court?
Civilian. Someone who is not a member of the military is not bound by the UCMJ and cannot be subject to court-martial. Additionally, he can't be apprehended or detained by military law enforcement personnel. (Unless of course it's to stop him in the commission of a crime.) DC Metro police would have full jurisdiction and NCIS would be limited to investigating as an agent without any police powers.
1: As scribefargo stated a civillian CAN NOT be tried in a military court, nor can NCIS touch a civilian who is not a government employee, unless he is caught in the actual commision of a crime. The Sailors on the other hand, could be picked up either by NCIS or DCPD. But would most likely be turned oiver to NCIS for confinement and prosecution.
2: the System varies from state to state but in California the only dispensation that the "un-convicted" recieve is extended vistiting hours/rights to help them prepare for their trial.
Thank you for the answers. NCIS could question the civilians as witnesses, right? I'm thinking of a scenario in which charges are brought against the sailors for assaulting the civilians.
Yes NCIS can question and take statements from civillians, but any charges, subpoenas, or warrants would have to be served by a civillian authority. Usually the local cops or DA.
Would #3 depend upon what degree he was convicted under? (E.g. manslaughter vs. murder one.) Definitely not a military facility if he's a civilian. He might start in maximum security and be transferred to medium?
I'm thinking manslaughter (or murder two?) since it wasn't premeditated. He reacts without thinking when he sees his friend hurt. (He thinks his friend is dead.) I also thought that since he has a clean record otherwise, the judge might show some mercy and put him into medium that way.
What I remember from a case one at the Coast Guard station I was at fifteen years ago is that the military member was turned over to the civilian courts to be tried and punished THEN after he served at sentence he was tried and convicted by the military and had to serve another sentence.
Guy must've been a dirtbag, or really pissed someone off.
While such incidents are rare the UCMJ does not contain a "double jepeordy clause" and as such it is possible to be prosecuted twice. Once as a civilian and once as a Service Member.
I read on the faq that DC Jail is where people awaiting trial go to, um, wait, but there are also convicts in there. I found a lot of really bad things about that jail too (Legionaire's outbreak?!?)--I don't think it has improved any since you visited, so there's a good chance I'll go for a fictionalized version. None of the info I found about CTF mentioned it was a drug treatment facility. It just said it was medium security and that people from the DC Jail were transferred there after conviction and that it was co-ed (but I assume men and women are kept separate.)
And yes, I completely agree--horrible defense attorney, and a few other things going against him. I'm aiming for murder 2 or manslaughter rather than murder 1 for him.
There are convicts, but they would either be there for a short sentence or waiting transfer to a "real" prison. No one convicted of a major crime should be there for long.
Ok, not a lawyer here, but I really do wonder about your proposed scenario. Leaving aside the incompetency of his lawyer, I find it hard to believe the DA would bring such heavy charges against a guy who was the victim of an assault, possibly gay bashed, thought his friend was killed by an illegal gun, etc. How would this not be seen as self-defense? You didn't say your accused guy was gay, but I can promise you the gay community would raise holy hell if the civilian was charged as if he's started the whole thing.
Very true. I'll definitely work all these things in. I'm afraid he has to spend some time behind bars for the sake of the story, though. :) Initially, the other 2 sailors flee and are not caught, so at first there is a question of whether or not the civilian is making up the attack. Questions are raised. Of course it will all be worked out eventually.
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Civilian. Someone who is not a member of the military is not bound by the UCMJ and cannot be subject to court-martial. Additionally, he can't be apprehended or detained by military law enforcement personnel. (Unless of course it's to stop him in the commission of a crime.) DC Metro police would have full jurisdiction and NCIS would be limited to investigating as an agent without any police powers.
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2: the System varies from state to state but in California the only dispensation that the "un-convicted" recieve is extended vistiting hours/rights to help them prepare for their trial.
3: No Idea, sorry
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You have been very helpful. I appreciate it!
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While such incidents are rare the UCMJ does not contain a "double jepeordy clause" and as such it is possible to be prosecuted twice. Once as a civilian and once as a Service Member.
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And yes, I completely agree--horrible defense attorney, and a few other things going against him. I'm aiming for murder 2 or manslaughter rather than murder 1 for him.
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Ok, not a lawyer here, but I really do wonder about your proposed scenario. Leaving aside the incompetency of his lawyer, I find it hard to believe the DA would bring such heavy charges against a guy who was the victim of an assault, possibly gay bashed, thought his friend was killed by an illegal gun, etc. How would this not be seen as self-defense? You didn't say your accused guy was gay, but I can promise you the gay community would raise holy hell if the civilian was charged as if he's started the whole thing.
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