Unit 4 - Military Law

UNIT 4 - MILITARY LAW

4a. Introduction to Military Law

• Objective: Identify basic facts and terms about military authority and jurisdiction.

• Goal: Achieve a minimum passing score of 70% on the written test.

Authority to Apprehend

• Security Forces (SF) are representatives of:

  • The U.S. Government

  • The U.S. Armed Forces

  • The Installation Commander

  • The Defense Force Commander (DFC)

• Legal Basis:

  • Military Court Manual (MCM), Rules for Courts-Martial (RCM), Rule 302(b)(1)

  • Uniform Code of Military Justice (UCMJ), Article 7(b)

• Requirement: All SF personnel must carry out their duties fairly, impartially, and professionally.

• Authority to administer oaths:

  • Granted to officers, noncommissioned officers, and on-duty SF personnel.

Jurisdiction Overview

• Subject Matter Jurisdiction: Refers to the court's authority over the offense itself.

• Jurisdiction: The legal capacity, authority, or right to apply the law during investigations and dispositions.

• Types of Jurisdictions:

  • Legislative Jurisdictions: Determined by law.

  • Personal Jurisdiction: Involves the court's authority over the offender or accused.

  • Example: If a person is subject to the UCMJ at the time of the offense and trial, a court-martial has personal jurisdiction.

• Worldwide Application of UCMJ: Applicable to military members globally as per UCMJ, Article 2.

  • Exclusive Jurisdiction: Total jurisdiction over offenses on federal lands.

  • Concurrent Jurisdiction: Shared authority between federal and state governments.

  • Proprietary Jurisdiction: Military's rights are akin to a property owner's rights.

  • Partial Jurisdiction: Limited rights; applicable in specific scenarios.

Title 10 and Title 32 U.S. Code

• Title 10: Outlines roles of Active Duty and Reserve Armed Forces; individuals in this status are under federal military jurisdiction.

• Title 32: Describes roles of the National Guard; activation under Title 32 requires state control and typically addresses state-level incidents or emergencies.

• Important distinction: If a Guard member commits an offense while under Title 32 orders, they face state authority discipline.

• Consult the Staff Judge Advocate (SJA) for queries regarding Guard members.

The Posse Comitatus Act

• Purpose: Prevents Army and Air Force involvement in state law execution unless under specific conditions:

  • Under the U.S. Constitution

  • Under an Act of Congress

  • Under presidential direction.

• Limitation: Does not apply to off-installation investigations related to UCMJ violations.

Military Law Defined

• Necessitates a distinct judicial system designed for military needs, functioning outside the federal court system.

• Goals include:

  • Promoting justice.

  • Maintaining order and discipline in the military.

  • Enhancing efficiency and effectiveness.

  • Strengthening national security.

Three Sources of Military Jurisdiction

• U.S. Constitution:

  • Article 1, Section 8: Grants Congress the authority to govern armed forces.

  • Article 2, Section 2: Designates the President as Commander-in-Chief.

• Federal Statutes: Laws enacted by Congress, primarily compiled in Title 10 USC affecting the USAF directly.

• International Law: Encompasses customs and agreements among nations, including the Law of War.

Jurisdiction Application

• Persons: Article 2 of UCMJ identifies who falls under military jurisdiction, including:

  • Regular armed forces members

  • Cadets and midshipmen

  • Reserve components in federal service

  • Retired service members under specific conditions

  • Civilians in Armed Forces custody with imposed sentences

  • Prisoners of war under armed forces jurisdiction

• Places: Article 5 of UCMJ states that the code applies universally without restriction on location.

• Offenses: Punitive Articles (Articles 77-134 of UCMJ) encompass specific military offenses subject to courts-martial punishment.

Civil Law vs. Military Law

• Civil Law: Regulates private matters distinct from military or criminal laws; SF involvement is limited unless a criminal offense occurs.

• Federal Assimilative Crimes Act (18 U.S.C. 13): Allows the adoption of state law when federal law is absent in areas of federal jurisdiction.

Search and Seizure Procedures

• Search: Designed to uncover evidence or contraband under lawful authority.

• Search Authorizations: Require probable cause, specify search details, filed via AF Form 1176.

• Probable Cause: Reasonable belief an offense has occurred or is occurring.

• Search Affidavit: Document stating probable cause for search, must be read to a judge or authorized official.

• Consent for Search: Recommended to be written; verbal consent requires a witness and must be documented.

• Search Incident to Apprehension: Authority to search the immediate area of an apprehended suspect for evidence or weapons.

• Stop and Frisk: Temporary detainment based on reasonable suspicion to investigate potential criminal activity.

• Random Installation Entry/Exit Vehicle Checks: Authorized percentage of vehicle inspections mandated by Installation Commanders.

• Common Area Searches: Permitted in shared facilities without prior approval, clarification through the SJA is advised.

Seizure and the Plain View Doctrine

• Seizure: Confiscation of items or individuals for legal proceedings.

• Plain View Doctrine: Seizure of property that is visible during lawful actions without additional authority.

• Exigent Circumstances: Provision for searching without a warrant when delay could result in lost evidence.

Apprehension vs. Detention

• Apprehension: Equivalent to arrest within UCMJ but defined as taking a military member into custody.

• Authorities: RCM 302(b) identifies officials authorized to apprehend, including military law enforcement and commission officers.

• Basis for Apprehension: Probable cause demonstrating reasonable grounds for suspicion.

• Civilian Detention: Established by the DFC in cooperation with SJA for processing civilian offenders.

Transporting Personnel in Custody

• Safety Procedures: Ensure the safety of the military suspect or civilian during transport.

• Handcuffing: Mandatory for all suspects during transport; use of patrol vehicles equipped with transport cages preferred.

• Transport Procedures: Include pre-transport vehicle checks and documentation of mileage and passenger info.

Suicide Prevention Techniques

• Theories Related to Suicide:

  • Perceived Burdensomeness: The feeling of being a burden to others contributing to suicidal thoughts.

  • Thwarted Belongingness: Feeling disconnected from meaningful relationships.

• Protective Factors: Actions or situations that reduce suicide risk include unit cohesion, access to help, and social support.

• Risk Factors: Elements that increase suicide risk, including relationship problems, substance abuse, and severe stress.

• WINGMAN Concept: Encourages intervention with ASK, CARE, ESCORT methods.

• Suicide by Cop: Refers to individuals provoking law enforcement to use lethal force as a means of committing suicide.

Bloodborne Pathogens (BBPs) Overview

• Definition: BBPs are microorganisms in human blood that can cause diseases.

• Potentially Infectious Materials (OPIMS): Includes fluid types like semen, cerebrospinal fluid, saliva, etc.

• Transmission Methods: Includes needle sticks, contact with contaminated objects, and exposure through mucous membranes.

• Protective Equipment: Required for personnel (CPR masks, gloves, eye protection).

• Training and Safety Responsibilities: Emphasizes adherence to safety protocols and proper training in handling hazardous materials.

• Exposure Procedures: Immediate washing and reporting incidents of potential exposure to BBPs are critical.

• Custody and Transport of Prisoners: Special procedures for those with bodily fluids to ensure safety and hygiene during transfers.

• Decontamination Procedures: Necessary steps to clean and disinfect areas contaminated by bodily fluids.