The Overlap Between Federal Criminal Law and the Uniform Code of Military Justice

The Uniform Code of Military Justice (UCMJ) is, in many ways, a specialized subset of federal criminal law. It shares significant overlap with the offenses most practitioners associate with Title 18 of the United States Code—fraud, assault, theft, and similar crimes—but it also differs in several important respects that federal criminal practitioners should understand.

On the defense-friendly side, servicemembers benefit from a key procedural protection: investigators must advise the subject of an investigation of their rights before conducting an interview. On the government-friendly side, however, the prosecution needs only a three-fourths majority of the jury (known as a “panel”) to secure a conviction. That lower threshold substantially eases the government’s burden at trial. Penalties under the UCMJ can also be severe, often mirroring or exceeding those in the civilian system.

Another area of overlap involves information sharing between military and civilian law enforcement. Cases initiated within the military are frequently referred to the Department of Justice for prosecution, and—though less often—the reverse occurs as well. It’s not difficult to imagine a conversation between a federal prosecutor struggling with evidentiary challenges and a military JAG officer whose forum offers a lower threshold for conviction.

All of this underscores an important point: if you are a servicemember under investigation by either federal or military authorities, it’s critical to consult experienced counsel early. Understanding how these systems interact—and where they diverge—can make all the difference in protecting your rights and your career.