Also known as: civilian populations · civilians
Written by attorneys · grounded in primary & secondary sources — see below
A group of individuals who are not members of the armed forces.
Lopez worked as a civilian dispatcher for a private freight company. After a domestic uprising, the President ordered troops to secure a rail hub and directed that Lopez be tried by military tribunal for diverting trains. State and federal courts in the area continued to hold criminal trials under heightened security. Lopez challenged the tribunal's authority over him as a member of the civilian population.
A resident of the District of Columbia sought to keep a handgun in his home for self-defense. District law banned possession of handguns by private citizens. The resident argued that members of the civilian population enjoy Second Amendment rights that the government may not eliminate through outright prohibition.
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Hamdan, a driver for a private contractor, was captured abroad and held at Guantanamo. Military authorities convened a commission to try him on conspiracy charges. Hamdan contended that his status as part of the civilian population required compliance with court-martial procedures and Geneva Convention protections before any military forum could proceed.
Balsys faced deportation proceedings based on alleged wartime conduct abroad. He invoked the Fifth Amendment to avoid answering questions that might expose him to foreign prosecution. The government argued that his civilian status did not extend self-incrimination protections to potential foreign charges.
Covert, the civilian wife of a servicemember stationed abroad, was charged with murdering her husband. A court-martial convicted her under an agreement allowing military trials of accompanying civilians. She argued that her membership in the civilian population entitled her to a civilian jury trial despite the overseas location.
Barnette, a student whose family belonged to a religious minority, refused to salute the flag in public school. State law required the salute of all pupils. Barnette claimed that compulsory participation violated the free-speech rights of members of the civilian population who hold conscientious objections.
Military tribunals may not try members of the civilian population while civilian courts remain open and functioning. The Constitution requires that such persons receive Article III trials with jury protections under the Fifth and Sixth Amendments.
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No. Declaring an emergency or deploying troops does not convert a civilian into a member of the armed forces. The status of the accused and the availability of civilian courts remain the controlling factors.
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No. Treaties and status-of-forces agreements cannot override constitutional protections. A member of the civilian population retains the right to jury trial and other criminal safeguards even when tried abroad under an agreement.
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Jurisdictional facts establishing that the individual is properly subject to military authority must be determined through adequate process. Classified summaries alone are insufficient when the accused is part of the civilian population.
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…one Nation indivisible, with liberty and justice for all,' be rendered by standing with the right hand over the heart. However, civilians will always show full respect to the flag when the pledge is given by merely standing at attention, men removing the headdress . . ." [^maj-18]: § 5 (a) of the Selective Training and…