Q: How hard would it be for me to legally dodge the draft?
Here is the relavent info about me to this.
1. I am a Communist, who has written numerous widely publicized articles criticizing the government and US involvement in Yemen. I also wrote an article advocating gun rights on the basis that citizens need the right to bear arms to protect themselves from the government. (note: I do not advocate immediate overthrow of government, that would be adventurist and immature). I am actively involved in communist organizing and I am a chair in my organization.
2. I have hundreds of self harm scars on my arm and leg, but I stopped self harm a year and a half ago. I was also involuntarily committed twice for a total period of probably two and a half weeks, and I once attempted suicide under the influence of alcohol within the last two years.
3. I have autism, but I am able to function at a normal job. However I struggle with noise sensitivity.
A:
Every case involving draft evasion or exemption is rather unique; the intricacy relies on several personal and legal aspects. Given your circumstances, political views, mental health history, and medical disorders like autism could all possibly affect your draft eligibility.
Political Beliefs: If you sought status as a conscientious objector, political beliefs—including opposition to U.S. government policies or engagement in communist organizing—may be pertinent even if they do not always preclude someone from the draft. But conscientious objector status usually demands resistance to all kinds of violence, not only particular battles or policies. Navigating this convoluted field of law would depend much on consulting with an attorney aware of these divisions.
Mental Health History: Your suitability for military service may be much influenced by your history of self-harm, forced commitments, and suicide attempt. Military policies include particular standards on mental health that can exclude someone from serving. But the specifics of your mental health history—including how recent and terrible the events were—would probably be closely examined, therefore it would be advisable to have an attorney help you present this material.
Medical Condition: Autism could be a role in your fitness for duty, particularly if it influences your capacity to manage loud noises or other environmental stresses. The military has criteria for both physical and mental fitness that take autism into account, although this would rely on the degree and how it affects your everyday functioning.
With so many variables in your circumstances, you should speak with a military law and draft exemption specialist counsel. If needed, they can assist you negotiate the legal system and offer tailored advice depending on your particular situation.
1 user found this answer helpful
A:
Dodging the draft legally can be challenging, and your situation presents several potential factors that might influence the outcome. First, your political views and writings could be relevant if you argue for conscientious objector status, though simply opposing U.S. foreign policy or holding communist beliefs might not be enough to exempt you. The government would likely examine whether your beliefs are deeply held and opposed to all forms of war, not just specific conflicts.
Your mental health history, including self-harm, involuntary commitments, and a suicide attempt, could potentially disqualify you on medical grounds. The military assesses both physical and mental health, and these factors could raise concerns about your ability to handle military service. However, you would need to provide medical documentation and possibly undergo further evaluations to establish that these issues are ongoing and serious enough to warrant exemption.
Your autism and sensitivity to noise might also be a factor, especially if it interferes with functioning in a high-stress, loud environment like the military. However, since you can hold a job and function in other aspects of life, this alone may not be sufficient grounds for exemption unless it's demonstrated that military service would significantly worsen your condition. It's important to gather medical records and consult with legal professionals who understand military law to explore your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.