Key differences between Military and Civilian Courts in the US

There are key differences between the military and civilian courts.  The military court is generally reserved for military personnel, while civilian courts handle the rest of the population.

Civilian cases are required to have full disclosure of court documents, court proceedings, search warrants, and evidence.  The prosecutors are permitted to speak openly with the press about civilian cases.  In military cases, restrictions to the public are placed on all types of documents and evidence pertaining to the case.  Judges are given the power to deny the public's access to military cases if it protects the rights of the accused.  Prosecutors must gain permission from the judge to speak to the press.

The length of waiting time for civilian cases to be tried in court is usually longer than military cases.  Both civilian and military cases are backlogged in the system, but there are much fewer military cases in the queue. 

Civilian cases tried in the Federal court tend to result in harsher punishment due to mandatory sentencing guidelines.  "Harsher punishment is available under the military system, but judges normally does not use it".  The military court has not tried a person for death penalty since 1965.

In civilian cases, a grand jury, composed of jury members, is used to decide if there is enough evidence in the case to go to trial.  The military uses something called an Article 32 hearing.  The hearing is composed of an investigation officer, who makes the decision of whether the case should head to trial.

"The major difference between the grand jury and an Article 32 is that the defense is allowed to be present in an Article 32 hearing, therefore they have a better opportunity of defending the accused".