Military Authority And Jurisdiction Flashcards

1
Q

Military authority

A

The right to charge A person (s) with an offense and make a final determination of their case through courts of appeal

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2
Q

Types of jurisdiction

A

Exclusive
Concurrent
Proprietary
Reciprocal

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3
Q

Exclusive jurisdiction

A
  1. 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

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4
Q

Concurrent jurisdiction

A

Both Federal and state governments have authority to make and enforce general municipal Lawson the land in question

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5
Q

Proprietary jurisdiction

A

The Federal government has a degree of ownership of a piece of property, but has no legislative authority (eg. Recruiting station)

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6
Q

Reciprocal jurisdiction

A

The exercise of jurisdiction by one branch of service over a Person of another branch of Service

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7
Q

Military jurisdiction

A

The authority, capacity, power, or right to act, as applied to the military
Jurisdiction most extend to the person, place, and offense

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8
Q

Person

A

Article 2 of the Ucmj identifies who is subject to the code

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9
Q

Place

A

Article 5 of the Ucmj States a court - martial has jurisdiction in service - connected crimes in all places

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10
Q

Who is subject to the UCMJ the code

A

Active duty
Cadets / midshipmen
Reservist while on active duty training
Fleet marine corps
Prisoners of war

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11
Q

Martial law

A

Military jurisdiction over the civilian population in time of emergency

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12
Q

Who can declare martial law?

A

Congress
The president

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13
Q

Under martial law what certain civil libertyS may be suspended?

A

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

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14
Q

Two categories to martial law

A

Qualified
Absolute

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15
Q

Martial law
Qualified

A
  • The military exersies only police power
  • The civilian government is still intact
  • military has only the authority to detain civilians )not detain them
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16
Q

Martial law
Absolute

A
  • Military authority completely replaces civilian government
  • The military operates all civilian function, including the court system
  • The military may apprehend all violator and try them in a military court
17
Q

Offense

A

Must be A violation of The Ucmj punitive articles