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Military Jurisdiction - Military Law - Lecture Slides, Slides of Law

These are the lecture slides of Military Law. Key important points are: Military Jurisdiction, Different People, Different Status, Different States, Different Countries, Federal Interest, State Interest, Installation Jurisdiction, Concurrent, Proprietary

Typology: Slides

2012/2013

Uploaded on 01/27/2013

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INTRODUCTION TO MILITARY
LAW
MILITARY JURISDICTION
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INTRODUCTION TO MILITARY

LAW

MILITARY JURISDICTION

THE PROBLEM

  • Different People
  • Different Status
  • Different States
  • Different Countries
  • Federal interest/State interest
  • What law?
  • Who’s in charge?

Installation Jurisdiction

  • Greer v. Spock:
    • Facts: Candidates for national political office denied permission to enter Fort Dix - DCt - Injunction against military - Ct of App - Aff’d - US Supreme Ct - reversed
    • No general constitutional right to make speeches on post
    • No discrimination
    • Consistent Policy
    • Justified by requirements of military life and mission - morale and discipline
    • Public interest in insuring political neutrality of military
    • “Commanding officer has the historically unquestioned power to exclude civilians from the area of his command”

Installation Jurisdiction

  • US Policy - maximize jurisdiction over US personnel
  • CONUS
    • Driven by method of title/agreement with state
    • Civilian v. Military
    • Types of jurisdiction
      • Exclusive
      • Proprietary
      • Concurrent
    • State v. Federal
  • Overseas military installation or Combat Zone
    • Military personnel - non-issue - UCMJ rules
    • Civilians accompanying force?
    • Contractors?
    • Dependents?
    • Problem – generally subject to local law
    • Solution? MEJA? UCMJ Article 2(a)(10)?

Solution - MEJA

  • UCMJ Art 2 – only in Congressionally declared

state of war

  • Military Extraterritorial Jurisdiction Act of 2000
    • Extends US law and jurisdiction to dependents and civilians accompanying our force - Includes Contractors
    • Punishable by one year in jail - usually major felony
    • HN must waive or decline jurisdiction
  • Case Study
    • Not easy
    • Lacking in regulations

COURTS-MARTIAL JURISDICTION

  • UCMJ - Primary means for addressing criminal

conduct by military members

  • UCMJ applies in ALL places RCM 201(a)(2)
  • RCM 201(a)(1): Jurisdiction is the power to hear a

case and to render a legally competent decision

  • Court-Martial:
    • A special purpose tribunal of limited jurisdiction and transitory existence - US v. Goudge, 39 CMR 324 (ABR
    • Unlike Article III courts, courts-martial are of limited jurisdiction created only for trial of certain existing cases. US v. Alston, 11 MJ 656 (AFCMR 1981)

JURISDICTION OVER THE OFFENSE

  • Pre-Solorio: Service base connection required
    • O’Callahan v. Parker (1969)
  • Solorio v. US
    • Facts: USCG member sexually assault 2 daughters of fellow member; on active duty; lived in private home in Alaska; committed similar offenses in gov quarters in NY; General Court-Martial for all
    • Trial: Dismissed for lack of service connection
    • CG Ct: Reinstated - found service connection
    • COMA: Aff’d - found service connection
    • Sup Ct: Aff’d - only ONE factor: military status of the accused
      • based on “long line of cases interpreting Art I”; O’Callahan was a departure from Constitutional principles
    • Reaffirms PLENARY grant
  • Concur: service connection existed, majority

overstepped bounds to make new rule

  • Dissent: majority violated stare decisis, service

connection right test

  • Primary Concern??? Fairness of MJ system
  • Post-Solorio: Status based determination
  • Jurisdiction is base solely on the accused’s status as a person subject to the UCMJ and not on a “service connection” of the offense charged
  • Jurisdiction must be plead and proved
  • Has not been subsequently changed - Art 3(a) amended
  • Jurisdiction over any offense, anytime anywhere
  • RCM 203
  • Any offense under the code
  • Article 134 incorporates state and “other offenses federal”
  • Law of war - general court-martial only Docsity.com

RECAP

  • Military installation a bit like an island
  • Installation Commander has very plenary authority
    • Driving rules to drinking age
  • Depends on method of title and source of

jurisdiction

  • MEJA - US law applies extraterritorially
  • Courts-Martial - Anywhere, anytime, any offense,

anyone … almost

  • Jurisdiction must be plead and proved
  • Discharge terminates … sometimes

QUESTIONS???