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Security Forces 4b
| Question | Answer |
|---|---|
| Military Law | Requires a separate judicial system geared to the needs of the military and was designed to operate outside of the federal court system. |
| US Constitution Article 1, Section 8 | Authorizes the US Congress to make rules for the government and regulation of the land and naval armed forces. |
| US Constitution Article 2, Section 2 | Provides for the POTUS to be Commander in Chief of the US Armed Forces. |
| Federal Statutes | Laws passed by the US Congress. Most of the statutes that directly affect the USAF are compiled in Title 10 USC. |
| International Law | Customs, written agreements among nations and the writings of authorities. The Law of War is included under international law. |
| Article 2 of the UCMJ | States exactly who is subject to military jurisdiction. |
| Article 5 of the UCMJ | States the code applies in all places and there is no restriction on where the case may be heard. The military has jurisdiction to prosecute any offenses committed on or off the base. |
| Offense | The UCMJ Punitive Articles (Articles 77-134) are the primary source for charging military offenders. Articles 77-134 are specific offenses that if violated may result in punishment by courts martial. |
| Civil Law | Body of laws of a state, or nation regulating ordinary private matters. Distinct from laws regulating criminal, political, or military matters. Ex: Dispute of borrowed money. |
| Federal Assimilative Crimes Act (18 U.S.C 13) | Allows for adoption of state law in the absence of applicable federal law. |
| Jencks Act (MCM Rule 914) | Governs production and statements and reports of prosecution witnesses during federal criminal trials. Identifies what could be called upon as evidence in a court proceeding. |
| Federal Tort Law | Allows for the military to be sued by persons who have suffered harm from the wrongful acts of others. |
| Search | Conducted to uncover evidence of a crime, evidence surrounding a crime or contraband. Must be conducted in places where objects could be reasonably found. Only military judges and qualified commanders have the authority to grant search authorizations. |
| Search Authorizations | Based upon probable cause and describe the person, place, or thing to be searched and specific objects being sought. Will be completed via AF Form 1176, Authority to Search and Seize. Must be completed before the search or ASAP, not to exceed 3 duty days. |
| Consent for Search and Seizure | Should be written but can also be verbal. Verbal consent should be witnessed, preferably by another SF member. If possible, obtain written documentation ASAP after verbal consent. Use AF Form 1364, Consent for Search and Seizure. |
| Seizure | The taking of items or persons by authorities, for use at a court-martial or other judicial or administrative proceeding. Documented on evidence tag DD-Form 2817. |
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