How does the military reconcile the violation of federal law for trying juvenile service members?

In regards to 10 USC 搂 802 stating that the military has court-martial jurisdiction but 18 USC 搂 5031/5032 states that no one below the age of 18(except in specific, enumerated cases) may be tried in a criminal prosecution. Specifically, the military incorporating federal criminal statutes into courts-martial trying service members under the third clause in Article 134, UCMJ.



Any help resolving this or pertinent case law would be appreciated.How does the military reconcile the violation of federal law for trying juvenile service members?Under 18 and a member of the Service? Still, when you enlist, you are bound UCMJ.How does the military reconcile the violation of federal law for trying juvenile service members?First, because persons defined in 10 USC 802 are, by their own choice (Which choice, if they are a minor, was agreed to by their parent or legal guardian) subject to the UCMJ, which is an inherently stricter code than the 'regular' Federal legal code.



Second, because 5032 states that minors other than those specifically defined, should be tried in State courts "unless" the Att'y Generals office makes an exception. Since offenses under the UCMJ are not 'necessarily' crimes under State law, a State court is not necessarily the correct venue.



Finally, since minors are not 'full' members of the military, the commission of a prosecutable crime by a juvenile service member is frequently dealt with by discharge followed by prosecution in State court anyway, if appropriate.



Richard