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Military personnel if charged with ______ are not turned over to the armed forces but charged like regular civilians.

User Alejnavab
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Final answer:

Military personnel charged with crimes such as discouraging volunteer enlistments, resisting militia drafts, or disloyal practices can be tried as regular civilians and are not turned over to the armed forces.

Step-by-step explanation:

The subject of this question is Law, particularly involving military law and civilian law as it pertains to the handling of certain crimes committed by military personnel. The Fifth Amendment of the U.S. Constitution outlines the rights of individuals and exempts certain military personnel from its provisions, especially those "in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger." This means that during wartime or public emergencies, military personnel are typically tried within the military justice system, not the civilian courts. However, there are instances where military personnel, if charged with certain crimes, especially those not covered under military law or during peacetime, may be tried as civilians. An example is when military members are charged with crimes such as discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, they can be tried as regular civilians and lose certain protections such as the right to habeas corpus and become subject to martial law, according to historical actions and interpretations.

User Alexander Bogushov
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