Military Authority & Jurisdiction

Question 1

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

Answer 1

Military Authority

Question 2

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.

Answer 2

UCMJ Article 7b

RCM 302

Question 3

Authority, capacity, power, or right to act, as applied to the military.

Answer 3

Military Jurisdiction

Question 4

Jurisdiction must extend to what three things?

Answer 4

Person, place, and offense.

Question 5

Which article identifies who is subject to UCMJ?

Answer 5

Article 2 - Anyone getting money from the military is subject.

Question 6

Which article states a courts-martial has jurisdiction in service connected crimes in all places? No restrictions on where trial may be held.

Answer 6

Article 5

Question 7

Jurisdiction of the offense means the offense specified in the charge must be in violation of what articles?

Answer 7

UCMJ punitive articles 77 through 134.

Question 8

Does the military have jurisdiction if there is no “service connection” between crime and military?

Answer 8

No

Question 9

Sources of Jurisdiction?

Answer 9

(1) U.S. Constitution
(2) International Law
(3) Federal Statutes

Question 10

Which article & section of the Constitution authorizes Congress to make rules for the government and regulations of land and naval forces?

Answer 10

Article 1, Section 8

Question 11

Which article & section of Constitution provides for the President of U.S. to be Commander-in-Chief of US Armed Forces?

Answer 11

Article 2, Section 2

Question 12

Derived from customs, written agreements between nations, the writings of authorities, and Laws of War.

Answer 12

International Law

Question 13

Laws enacted by federal government in regards to matters of national concern.

Answer 13

Federal Statutes

Question 14

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.

Answer 14

Exclusive

Question 15

Which type of jurisdiction is both federal and state governments have authority to make and enforce laws? Both military and local police would respond.

Answer 15

Concurrent

Question 16

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

Answer 16

Proprietary

Question 17

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.

Answer 17

Reciprocal

Question 18

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.

Answer 18

Martial Law

Question 19

Which martial law category states that the military exercises only police power - civilian government still intact. Military has authority to detain, but not apprehend?

Answer 19

Qualified

Question 20

Which martial law category states that military authority completely replaces civilian government - military operates all civilian functions, including court system?

Answer 20

Absolute

Question 21

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)

Answer 21

Federal Assimilative-Crimes Act

Question 22

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.

Answer 22

Posse Comitatus Act

Question 23

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.

Answer 23

Defense Authorization Act of 1982