Military law question

[alreadyinuse]

Suppose a crime was committed while an individual was in a reserve unit outside of a military base.

Does civilian authority have jurisdiction over this individual? Even though this individual belongs to the reserve unit? which is a federal branch?

Also, does civilian authority have jurisdiction when the reservist is not in training time(weekend drills)?

 

[army judge]

Suppose a crime was committed while an individual was in a reserve unit outside of a military base.

Does civilian authority have jurisdiction over this individual? Even though this individual belongs to the reserve unit? which is a federal branch?

Also, does civilian authority have jurisdiction when the reservist is not in training time(weekend drills)?

If a crime was committed by a service member, the provisions of the UCMJ could always be invoked.

Usually, military authorities defer prosecution to civilian authorities if civilian laws were violated. They often administratively discharge the person upon conviction. One is presumed innocent until convicted.

Civilian authorities can prosecute for violations of civil laws. The military rarely stands in the way. That's reserved for the movies.

Civilian authorities have jurisdiction over offenses committed in their jurisdiction. The military rarely interferes, in the US. However, combat zones and occupied nations are another world. Exceptions abound in friendly and allied nations, like the UK, Germany, Korea, Saudi Arabia, etc...


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[mightymoose]

The scenario you give suggests that the civilian authority has jurisdiction over the crime, but that does not prevent the military from imposing its own disciplinary actions as well.

 

[CdwJava]

Having worked adjacent to Camp Pendleton for many years, I can tell you the answer is, Yes." The civilian authorities have jurisdiction over military personnel who commit crimes within their political subdivision. As stated, the military can exercise concurrent jurisdiction pursuant to the UCMJ as well. In certain crimes it was not uncommon to see a prosecution by the county courts and then have the subject remanded to the Provost Marshal for military discipline. In one case concerning a series of rapes and assaults, the entire prosecution was deferred to the military ... a trial and conviction occurred in less than 6 months when it would have likely taken years in civilian court. The two beasts also got a greater sentence than they would have under state law, too. We loved the military for their swift and harsh take on justice!

 

[Ridson]

In maximum cases military officers themself punish the culprit they didnt allow any civilian law and order allow in their area.
They work according to their law and order..