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By:
Isabel RomanUnless you watch a military TV shows, war movies, or read up extensively on the subject, you’re not likely to know what happens when soldiers commit crimes. Do we think of our soldiers committing crimes? Or do we hold them in such high esteem?
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The US has the UCMJ: Uniform Code of Military Justice established under the Constitution in 1789, Article I, Section 8. It’s very long and very detailed. Feel free to read about it
here.
For the purposes of this blog, I’m taking from
British Military Crime & Punishment 1914-1918. It's concise, easy to read, and in everyday wordage, as opposed to military and legal jargon. Plus it has this nifty table and a bunch of cool stats.
Table of offences tried by Court Martial Charge Maximum penalty Shamefully delivering up a garrison to the enemy
DeathShamefully casting away arms in the presence of the enemy
DeathMisbehaving before the enemy in such a manner as to show cowardice
DeathLeaving the ranks on pretence of taking wounded men to the rear
Penal ServitudeWilfully destroying property without orders
Penal ServitudeLeaving his CO to go in search of plunder
DeathForcing a safeguard
DeathForcing a soldier when acting as sentinel
DeathDoing violence to a person bringing provisions to the forces
DeathCommitting an offence against the person of a resident in the country in which he was serving
DeathBreaking into a house in search of plunder
Death By discharging firearms intentionally occasioning false alarms on the march
DeathWhen acting as a sentinel on active service sleeping at his post
DeathBy discharging firearms negligently occasioning false alarms in camp
Cashiering or imprisonment Causing a mutiny in the forces, or endeavouring to persuade persons in HM forces to join in a mutiny
DeathStriking his superior officer
DeathOffering violence or using threatening language to his superior officer
Penal servitudeDisobeying in such a manner as to show a wilful defiance of authority, a lawful command given personally by his superior officer
DeathDisobeying a lawful command given by his superior officer
Penal servitudeWhen concerned in a quarrel, refusing to obey an officer who ordered him into arrest
CashieringStriking a person in whose custody he was placed
Cashiering or imprisonmentDeserting HM service, or attempting to desert
DeathFraudulent enlistment
First offence imprisonment; second penal servitude Assisting a person subject to military law to desert
ImprisonmentBehaving in a scandalous manner unbecoming the character of an officer and a gentleman
CashieringWhen charged with the care of public money, embezzling the same
Penal servitude When charged with the care of public goods, misapplying the same (applicable to Quartermasters)
Penal servitude Wilfully maiming himself with intent to render himself unfit for service
ImprisonmentDrunkenness
Cashiering or imprisonment Committing the offence of murder
DeathNotes to this table: (1) offences where cashiering is shown as maximum punishment applied to officers only; (2) in order to enable a court-martial to award a field punishment, it was essential to allege 'when on active service'.In all, 5,952 officers and 298,310 other ranks were court-martialled- just over 3% of the total of men who joined the army. Of those tried, 89% were convicted; 8% acquitted; the rest were either convicted without the conviction being confirmed or with it being subsequently quashed. Of those convicted, 30% were for absence without leave; 15% for drunkenness;14% for desertion (although only 3% were actually in the field at the time); 11% for insubordination; 11% for loss of army property, and the remaining 19% for various other crimes. The main punishments applied were : 3 months detention in a military compound - 24%; Field Punishment Number 1 - 22%; Fines - 12%; 6 months detention - 10%; reduction in rank - 10%; Field Punishment Number 2 - 8%.
3.080 men (1.1% of those convicted) were sentenced to death. Of these, 89% were reprieved and the sentence converted to a different one. 346 men were executed. Their crimes included desertion - 266; murder - 37; cowardice in the face of the enemy - 18; quitting their post - 7; striking or showing violence to their superiors - 6; disobedience - 5; mutiny - 3; sleeping at post - 2; casting away arms - 2. Of the 346, 91 were already under a suspended sentence from an earlier conviction (40 of these a suspended death sentence).
Isabel Roman is the pseudonym used by writing team Christine Koehler and Marisa Velez. Their Victorian Druids series has been featured on The Home Shopping Network and is available in bookstores everywhere. Currently they're working on a Prohibition-era series and wondering why time flies so quickly. Visit the Isabel Roman blog!