Unit 4 - Military Law

These flashcards cover key concepts and terms related to Military Law, such as jurisdiction, law enforcement procedures, and suicide prevention techniques.

What authority do Security Forces (SF) have to apprehend military members?

SF have the authority to apprehend military members as granted by the MCM, Rules for Courts-Martial (RCM), Rule 302(b)(1), and the UCMJ, Article 7(b).

Define Subject Matter Jurisdiction in military law.

This is the jurisdiction of the court over the offense.

What is Personal Jurisdiction in military law?

This is the jurisdiction of the court over the offender or the accused.

What is the difference between Exclusive, Concurrent, and Proprietary jurisdictions?

Exclusive jurisdiction means the federal government has total jurisdiction over offenses on federal lands, Concurrent means both federal and state have legislative authority, and Proprietary means the military has rights as a property owner.

What is Title 10 of the United States Code?

It outlines the role of the Active Duty and Reserve Armed Forces; being in Title 10 status means they fall under federal military jurisdiction.

What does Title 32 of the United States Code pertain to?

It outlines the role of the United States National Guard, particularly activation under state control.

What is the Posse Comitatus Act?

It prevents U.S. Army and Air Force personnel from executing laws of the states or U.S. laws, except under specific conditions.

What is the main purpose of Military Law?

To promote justice, maintain good order and discipline, and enhance the efficiency and effectiveness of the military establishment.

What are the three sources of military jurisdiction?

U.S. Constitution, Federal Statutes, and International Law.

What is required for a search to be conducted under military law?

A search authorization based on probable cause must be obtained unless exigent circumstances apply.

Define Probable Cause as it relates to military apprehension.

It exists when there are reasonable grounds to believe that an offense has been or is being committed by the apprehended person.

What are Protective Factors associated with preventing suicide?

Unit cohesion, peer support, access to resources, and personal control over one’s life.

What are Basic Risk Factors for suicidal behavior?

Current/pending disciplinary actions, relationship problems, substance abuse, financial issues, and significant losses.

What is the Bloodborne Pathogen Exposure Control Plan?

A plan developed by SF units detailing duty positions exposed to contaminated materials and prevention methods.

What should be done in the case of exposure to bloodborne pathogens?

Immediately wash or flush the affected area, report the incident, and seek medical attention.

What protocols are involved in transporting personnel in custody?

Ensure safety, use handcuffs, search the patrol car prior to transport, and record details in the incident report.