Military Authority & Jurisdiction Flashcards
The right to charge a person(s) with an offense and make a final determination of their case through courts of appeal.
Military Authority
What article from UCMJ and rule in RCM give military police their power? Additionally provide guidance for persons authorized under regulations governing armed forces to apprehend persons subject to UCMJ.
UCMJ Article 7b
RCM 302
Authority, capacity, power, or right to act, as applied to the military.
Military Jurisdiction
Jurisdiction must extend to what three things?
Person, place, and offense.
Which article identifies who is subject to UCMJ?
Article 2 - Anyone getting money from the military is subject.
Which article states a courts-martial has jurisdiction in service connected crimes in all places? No restrictions on where trial may be held.
Article 5
Jurisdiction of the offense means the offense specified in the charge must be in violation of what articles?
UCMJ punitive articles 77 through 134.
Does the military have jurisdiction if there is no “service connection” between crime and military?
No
Sources of Jurisdiction?
(1) U.S. Constitution
(2) International Law
(3) Federal Statutes
Which article & section of the Constitution authorizes Congress to make rules for the government and regulations of land and naval forces?
Article 1, Section 8
Which article & section of Constitution provides for the President of U.S. to be Commander-in-Chief of US Armed Forces?
Article 2, Section 2
Derived from customs, written agreements between nations, the writings of authorities, and Laws of War.
International Law
Laws enacted by federal government in regards to matters of national concern.
Federal Statutes
Which type of jurisdiction is only the federal government has power to make and enforce law on land in question. Only military police would respond.
Exclusive
Which type of jurisdiction is both federal and state governments have authority to make and enforce laws? Both military and local police would respond.
Concurrent
Which type of jurisdiction states that the federal government has degree of ownership of piece of property but has no legislative authority. (i.e. recruiting station). Only civilian police would respond
Proprietary
Which type of jurisdiction is the exercise of jurisdiction by one branch of service over a person of another branch of service. Occurs only when accused cannot be delivered to their branch of service.
Reciprocal
Military jurisdiction over the civilian population in a time of emergency. Provides for the relief and rehab of people, the resumption of industrial production, the re-establishment of economy and protection of life and property.
Martial Law
Which martial law category states that the military exercises only police power - civilian government still intact. Military has authority to detain, but not apprehend?
Qualified
Which martial law category states that military authority completely replaces civilian government - military operates all civilian functions, including court system?
Absolute
Congress passed this to avoid the task of maintaining a complete code of civilian criminal laws for military bases and other federal property. (i.e. civilian law = military law. Speeding in civilian = speeding in military)
Federal Assimilative-Crimes Act
DoD Directive 5525.5 & SECNAVINST 5820.7A - makes it Navy policy to restrict military personnel from being used to enforce civilian laws. Military cannot be used to enforce civilian laws except when acting under authority of U.S. Constitution, Act of Congress, or President.
Posse Comitatus Act
Authorized (in certain instances) the assistance of military to civilian law enforcement in areas of providing info, equipment, facilities, and personnel. It may not interfere with military preparedness.
Defense Authorization Act of 1982
