Military Authority And Jurisdiction Flashcards
Military authority
The right to charge A person (s) with an offense and make a final determination of their case through courts of appeal
Types of jurisdiction
Exclusive
Concurrent
Proprietary
Reciprocal
Exclusive jurisdiction
- Only the Federal government has the power to make and enforce the law on the land in question
2, local, state or municipal law enforcement authorities have no authority. Only
Military police would respond
Concurrent jurisdiction
Both Federal and state governments have authority to make and enforce general municipal Lawson the land in question
Proprietary jurisdiction
The Federal government has a degree of ownership of a piece of property, but has no legislative authority (eg. Recruiting station)
Reciprocal jurisdiction
The exercise of jurisdiction by one branch of service over a Person of another branch of Service
Military jurisdiction
The authority, capacity, power, or right to act, as applied to the military
Jurisdiction most extend to the person, place, and offense
Person
Article 2 of the Ucmj identifies who is subject to the code
Place
Article 5 of the Ucmj States a court - martial has jurisdiction in service - connected crimes in all places
Who is subject to the UCMJ the code
Active duty
Cadets / midshipmen
Reservist while on active duty training
Fleet marine corps
Prisoners of war
Martial law
Military jurisdiction over the civilian population in time of emergency
Who can declare martial law?
Congress
The president
Under martial law what certain civil libertyS may be suspended?
1.) The right to be free from unreasonable searches and seizures
2.) Freedom of association
3.) Freedom of moment
4.) The writ of habeas corpus may be suspended
Two categories to martial law
Qualified
Absolute
Martial law
Qualified
- The military exersies only police power
- The civilian government is still intact
- military has only the authority to detain civilians )not detain them