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Territorial/ Legislative Jurisdiction
Sources Of Jurisdiction
| US Constitution |
| Federal Statutes |
| State Statutes |
| US Supreme Court |
| US Superior Courts |
| Important References: |
| Article 14, UCMJ |
| DoDD 5525.5 |
| SECNAVINST 5820.4G (SOGA Policies) |
| SECNAVINST 5820.7C (Coop. with civilian law enforcement) |
| SECNAVINST 5820.8A (Release of info/testimony) |
| SECNAVINST 5820.9A (Compliance with court orders) |
What is Jurisdiction?
| The power of a court to consider a controversy and render a valid judgment. |
| For a court to have jurisdiction, it must have jurisdiction over… |
| Person. |
| Subject/Statute. |
| Location (Territorial/Legislative) – discussion will be limited to this. |
| Federal Jurisdiction |
| Military is a subset of federal jurisdiction. |
Jurisdiction over the Location
| Court Must Have Jurisdiction Over The Location |
| Virginia Courts Have No Authority Over Maryland |
| American Courts Have No Authority On Foreign Soil, though they may over the person (e.g., MEJA & courts-martial) |
| Three types: |
| Exclusive |
| Concurrent |
| Proprietary |
Exclusive Jurisdiction Definition
| An area where only the federal government has authority to make and enforce laws. |
| For example, any property within DC. |
| Federal laws control in areas of exclusive jurisdiction, not state laws. |
| Traffic codes are adopted via the Assimilative Crimes Act because there is no federal traffic code. |
| Pro: No State interference. |
| Con: No State support (e.g., police, CPS, etc.). |
Concurrent Jurisdiction Definition
| Both federal and state government have authority to make and enforce laws |
| For example, many off-base military housing areas are concurrent j/d zones |
| Offenses can be tried in federal or state courts |
| Usually a memo of understanding in place which says who will prosecute offenses that are committed in concurrent j/d zones. |
| Pro: State support (e.g., police, CPS, etc.). |
| Con: State involvement (e.g., regulations). |
Proprietary Jurisdiction Definition
| This is when the federal government rents State property. |
| Federal government loses the right to prosecute in areas of proprietary jurisdiction. |
| Pro: State support (e.g., police, CPS, etc.). |
| Con: State involvement (e.g., regulations), limited disciplinary authority for civilians. |
Jurisdiction by Facility
| WNY – Exclusive Federal |
| NOB – Exclusive Federal |
| NSF Carderock – mixed Exclusive and Proprietary |
| Arlington Annex – Exclusive Federal |
| JBAB – Exclusive Federal |
| NSAA – mixed Exclusive and Concurrent |
| NSAB – mixed Exclusive and Proprietary |
| NASPXR – mix of all three jurisdiction types |
| NSF Indian Head – mixed Exclusive and Proprietary |
| Dahlgren – mixed Exclusive and Proprietary |
*Unlisted facilities require NAVFAC review of property maps.
Legal Issues: Legislative Jurisdiction
| Determines Law Enforcement Authority |
| Has minimal impact on Security and Force Protection |
| Living in Exclusive Federal |
| – Detention facility (civilian vs. military) |
| – Special Assistant U.S. Attorney/Magistrate |
| – Evictions (no federal eviction statutes, matter of state/local law) |
| – Traffic Enforcement (no federal traffic laws) |
| – Base rules re: bicycles, cell phones , etc. |
Legal Issues: Program Execution Gun control regulations
| – Inside the fence line/Outside the fence line |
| Defense of Marriage Act (still valid law) |
| – State Law may control issue |
| Medical Marijuana |
| – Legislative jurisdiction will control |
| Registered Sex Offenders |
| – State Law (no federal registration program) |
| – Self-certification |
Jurisdiction vs. Double Jeopardy
| RULE: Double Jeopardy prevents a person from being punished for the same crime twice by the same sovereign. |
| So the state can’t prosecute you for a crime, you’re acquitted of that crime, and then they prosecute you again for that same crime. |
| What about the situation where 2 sovereigns (like the state and the federal government) have concurrent jurisdiction: |
| Different sovereigns can prosecute you for the same crime. |
| So the state can prosecute you, you’re acquitted, then the federal government can prosecute you. |
| Example – police officers involved in the beating of Rodney King |
