Posted by Brad Sallows from Burnaby BC Canada on May 25, 2021 at 16:05:49:
In Reply to: Re: Non-starter posted by Greg on May 25, 2021 at 15:35:22:
I suspect one would find that the military justice system can
dispose of cases more efficiently that the civilian one, and 
all the money ultimately comes from the same pot.  Nevertheless, 
most of the serious criminal offences are in fact handed over 
to the civilian system. In peacetime, the military justice 
system supports a degree of control that is not, and would not 
be, tolerated by civilians.  The notion of "internal discipline" 
in the military covers a much greater range of transgressions, 
and disciplinary means, than any profession.  I would be 
interested if anyone could explain what would happen in the 
following scenario: it's peacetime, and all criminal matters are 
handled by the civilian system.  A Canadian soldier commits a 
serious crime against a local in a banana republic which has no 
extradition arrangement with Canada and in which justice is 
typically meted out in kangaroo fashion.  Is it not better for 
our military to handle the matter internally?
If the system is "costly", it's precisely because so much effort 
has been dedicated to supporting the rights of the individual. 
There was a time when a minor matter (for example, a speeding 
charge) could be dealt with by summary trial very quickly, and 
certainly more cost-effectively than any civilian court.
I laugh at the concept of a "jury of peers".  I doubt that any 
shit-rat criminal considers a jury of average civilians to be 
his peers.
Also, notwithstanding archaic traditions and outmoded 
legalities which haven't been discarded, the British Queen is 
not a Canadian soldier's boss.