Why is it that military service members don’t have the legal recourse civilians do for cases of malpractice, negligence and even sexual assault?

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Military service members are subject to a different set of legal rules and regulations than civilians. The military justice system is governed by the Uniform Code of Military Justice (UCMJ), which provides a different framework for addressing issues of malpractice, negligence, and sexual assault than the civilian justice system.

One reason for this difference is that the military justice system is designed to maintain good order and discipline within the military, which is considered essential for the effectiveness of the military as a whole. This means that the military justice system places a greater emphasis on punishing behavior that is seen as harmful to the military's mission or the morale of its members, even if that behavior would not be considered criminal in civilian society.

Another reason for the difference is that military service members are subject to a different set of legal rights and protections than civilians. For example, the UCMJ provides service members with the right to a military defense counsel, but it does not provide them with the right to a trial by a civilian jury. Additionally, service members can be subject to disciplinary actions that would not be available in civilian society, such as non-judicial punishment or administrative separation.

It is also worth noting that efforts have been made to improve the legal protections available to military service members in recent years. For example, the Military Justice Improvement Act, which was introduced in Congress in 2019, would make significant changes to the military justice system to provide greater protections for victims of sexual assault and other forms of misconduct. However, there is still a long way to go in ensuring that service members have the same legal protections as civilians.

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Generally speaking, the military has a bottom line in doing two things; fighting wars and getting members ready to fight wars. It falls under the umbrella of good order and discipline and they argue there needs to be a system to maintain that order. Personally, I'm hoping this changes when not in times of deployment, combat, etc because it's got into a point where seniors cannot be held accountable.

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After what I have personally witnessed involving a 2 star and a private and the 2 stars daughter it's all about images what the public sees the next headline in the paper I've seen 1sgts get dui with no repercussions I've seen officers the same but lower rank always gets tha hammer because no one cares about jo shmo

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Just because you don’t see air doesn’t mean that it doesn’t exist. Just because you have seen a 1SG get a DUI doesn’t mean that they didn’t get punished. With senior enlisted and officers, they appear to not be punished when in fact their punishment is discreet and usually more detrimental in terms of career killers. 1/2 months pay times 2 months is a heck of lot less as opposed to thousands of dollars less each year for never getting promoted or even worse forced into immediate retirement.

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