Legal Question in Military Law in New York

Re: Military law & statute of limitations

Generally speaking there is no statute of limitations on murder, whether in the military or out. Of course, there are some serious practical concerns for a prosecution delayed by several years. In some instances a soldier can be recalled to Active Duty to face charges if, but I believe only if he is still in the inactive reserves or receiving military retirement benefits. As you've seen this year, when a soldier is outside the military chain of command (having been discharged) he is usually charged by federal authorities under federal law. Other practical concerns exist. Evidence is lost, witnesses relocate, etc. The burden of proof under the UCMJ is the same as in a civilian court, although the jury is selected by the military with senior officers and senior enlisted personnel, so from a trial lawyer point of view it is sort of stacked against the defendant. That's one reason so many soldiers on minor offenses opt for Article 15 because it is not a criminal conviction, whereas a court martial conviction is.

Re: Military law & statute of limitations

Thanks for the clarification.