marine reservist charged with involuntary manslaughter

[cgl55]

What is the name of your state? ca
my cousin has been charged with manslaughter if he is found guilty in a public trial will the military do anything to him such as kick him out of the service?

 

[>Charlotte<]

That's one of those questions that makes one wonder why it actually had to be asked, but the answer is "yes".

According to the UCMJ:

Maximum punishment.

(1) Voluntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
(2) Involuntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

If you want to read the whole section:

http://usmilitary.about.com/library/milinfo/mcm/bl119.htm

 

[cgl55]

its not the military trying him its the public courts. so would be a district attorny and judge

 

[moburkes]

I think his point may have been: If a person is in trouble with the law to that extent, the military is the least of his concerns, but, yes, the military doesn't want you back at that point.

 

[cgl55]

sorry and thanks to both of you that responded

 

[moburkes]

Don't apologize. I was just attempting to translate.

 

[SHORTY LONG]

I think his point may have been: If a person is in trouble with the law to that extent, the military is the least of his concerns, but, yes, the military doesn't want you back at that point.

Yes, as Moburkes as shared, the Military is the least of his concerns.

The Civilian Court will first administer the appropriate punishment, and depending on what it is, will depend on whither he will
face a court-martial after finishing his Civilian Sentence; or the Military with just give him a bad conduct or dishonorable discharge
in absentia.

 

[fozzy2]

What type of manslaughter? There are varying kinds amongst the states, with various penalties. Indeed, in some states "vehicular manslaughter" can be charged as a misdemeanor and a guilty can result in only a fine. In such a case the military might well allow someone to continue to serve. Most manslaughter charges, however, are felonies and a guilty would probably mean an admin discharge at least.

 

[Andy104]

I agree

What type of manslaughter? There are varying kinds amongst the states, with various penalties. Indeed, in some states "vehicular manslaughter" can be charged as a misdemeanor and a guilty can result in only a fine. In such a case the military might well allow someone to continue to serve. Most manslaughter charges, however, are felonies and a guilty would probably mean an admin discharge at least.

Yes Fozzy it is important to know what kind of manslaughter he is accused of?if it is involuntarty he may get to stay? We have felons running around in the service now due to the shortage. So it is possible.
I know that when a soldier killed his spouse while i was at ft. lewis he was charged through the military system, the civil system bought out because the military wanted to try it. Is this a possibility? Or is the civil system taking this one?