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Security Forces 4a
| Question | Answer |
|---|---|
| Authority to Apprehend | The Manual for Courts-Martial (MCM), Rules for Courts-Martial (RCM) - Rule 302(b)(1), and UCMJ - Article 7(b) give SF the authority to apprehend military members, It is essential all SF carry out this duty in a fair, impartial, and professional matter. |
| Jurisdiction | The authority, capacity, power, or right to apply the law in both investigations and disposition. |
| Subject Matter Jurisdiction | This is the jurisdiction of the court over the offense. |
| Personal Jurisdiction | This is the jurisdiction of the court over the offender or the accused. If a person is subject to the UCMJ at the time of the offense and at the time of trial, a court-martial would have personal jurisdiction over the accused. |
| Legislative Jurisdictions | Determines the limits of the power of the court with regard to the physical location of a crime or event. UCMJ is extra-territorial, meaning it is applicable worldwide to those subject to the UCMJ, Article 2. |
| Exclusive (federal/military) | The federal government has total or complete jurisdiction of offenses occurring on federal lands. |
| Concurrent (both federal and state) | Both the federal and state governments retain all their legislative authority. |
| Proprietary (property owner) | The military exercises the same rights as a property owner only. |
| Partial (neither federal and state are exclusive) | Both federal and state governments have some authority, but neither has exclusive power. For example, a state may have retained criminal jurisdiction over an installation or part of an installation (housing area). |
| Title 10 of the United States Code | Outlines the role of the Active Duty and Reserve Armed Forces. Being in Title 10 status means Active Duty and Reserve personnel are subject to the UCMJ. |
| Title 32 of the United States Code | Outlines the role of the United States National Guard. Activation under Title 32 U.S.C. is when a state governor has been authorized or directed by the president to mobilize the Guard. Title 32 orders are state or natural disaster level. |
| The Posse Comitatus Act | Prevents US Army and USAF personnel from executing the laws of the states or the laws of the US except when acting under the authority of the: US Constitution, Act of Congress, Direction of the POTUS. Only applies within the continental US. |
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