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Military Jurisdiction

PresentationLisa Moody

Jason GraefenAngela Coleman

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Military Justice Jurisdiction

Authority to delegate Jurisdiction and Political Process President (commander in chief) Secretary of defense and Department of

Defense (DOD) Secretary of the: Army, Navy, Marines, and

Air force Military Police and their divisions Political Process

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Pre-Confinement

Types of pre-trial confinement falls under court martial 304a Conditions on liberty Restrictions in lieu of arrest Escort confinement

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Alternatives to Confinement

Different levels of operation: Army, Navy, Air force and Marines McChord: restriction to base, restriction of

liberty, extra duty, loss of rank, correctional custody, 30 days rehabilitation

Fort Lewis: commander decides whether the soldier will be placed on confinement or just restricted to base

Navy: have security barracks that are used when a service member gets into trouble

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Confinement

Confinement: Army Model Restriction by confinement up to 45 days If sentenced to more then seven years

confinement occurs at fort Leavenworth Kansas

Other inmates in level three facilities include inmates of: a shorter sentence, escape risk offenders, and unmanageable offenders

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Post Supervision

Soldiers are discharged from the military after completion of their sentence. There is no post-supervision conducted

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Relationship between Military and Civilian Law Enforcement

Crime outside of military instillation Arresting jurisdiction belongs to the city or

county where the crime is committed County or city releases offender to military

custody Example: Murder in military law is article

118 of the uniform code of military justice

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Relationship between Military and Civilian Law Enforcement

Joint Jurisdiction of Offender Anytime there is case of misconduct not on

a military instillation both civilian and military law enforcement share jurisdiction.

Civilian criminal penalties may be applied as well as military disciplinary action and military court martial.

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Relationship between Military and Civilian Law Enforcement

Title 10 Crimes of murder, rape, drug use, larceny,

drunk driving and bad checks criminal arrest and prosecution of these

offense can be made both by civilian justice and military justice

Both Civilian and military law enforcement must report crimes committed in the adjacent jurisdiction.

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Relationship between the Military and the Courts

Article 52 and Article 32 Civilian and military can prosecute under

their own judicial proceedings. Commander serves as convening authority

to decide whether a case proceeds to a military court

Article 32 is the proceedings of the court martial.

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Relationship between the Military and the Courts

Jurisdiction To be tried by court martial the military

must have jurisdiction over the offender.

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Special Populations

Sex Offenders

Drug Offenders

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Sex offenders

USDB 55% percent of the population at U.S.

Disciplinary Barracks Fort Leavenworth committed sex offenses

Minimum (general population) Medium and Maximum security

Confinement level is based on seriousness of crime and behaviors of the offender

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Sex offenders

Security Camera systems and surveillance Inmate movement through the facility Meals served in minimum, medium, and

maximum levels Correctional Specialists

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Sex offenders

Relationship and Interaction Rehabilitative Programs Educational Opportunities Trades (Textile, Barber, and Wood Work Behavioral Observation (Correctional

Specialists) Mental Evaluation (Mental Health Staff) Sex Offender Registry Requirement

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Drug Offenders

Treatment Processed under court martial Sentencing is of a non judicial or

administrative discharge from the service If in need of immediate detoxification

offender is sent to a treatment center Further Rehabilitation is offered through the

Veterans affairs office

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Budget

Department of Defense Total Funding: 439.3 billion Operation and Maintenance: 152.2 billion Military Personnel: 110.8 billion Procurement: 84.2 billion Research, Development : 73.2 billion Military Construction: 12.6 billion Family Housing: 4.1 billion

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Professions

Commander in Chief Requirements, Salary, Responsibilities

35 years of age Citizen of the united states Have lived in the United States for at least 14 years 400.000 plus salary Choose cabinet members Command armed forces (military) Foreign relations Appoint judicial members Sign and veto bills created by congress Propose new laws

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Professions

Criminal Investigation Division Agent (CID)

Requirements, Salary, Responsibilities 18 years of age U.S. Citizen U.S. Soldier Maximum grade of E-5 Two years military experience 60 college credits Pass TABE Test Pass physical fitness testContinued

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Professions Professions

Criminal Investigation Division Agent (CID)

Requirements, Salary, Responsibilities Normal color vision Possess a valid drivers license Top secret clearance, good credit, no discharge Provide security for DOD personnel Investigate crimes committed by soldiers and civilians

residing on military instillations Forensic analysis of credit fraud and biological evidence Under cover investigations Participation in judicial process of offenders

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Professions

Military Police Requirements, Salary, Responsibilities

Physical demands: moderately heavy Aptitude test score of 95 Security clearance Valid drivers license No record of pre-trial intervention or conviction No offense involving force or violence Age 18 at time of enlistment No record of possession or use of any narcotic Must have training in military police schoolcontinued

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Professions

Military Police Requirements, Salary, Responsibilities

Use of fire arms Arrest and restraint Field missions Military and civil laws and jurisdiction Crime and accident investigation procedures Traffic and crowd control procedures Arrest and restraint of a suspect Respond to 911 calls Use radars, working gates, and patrol on foot or in

vehicle