military justice project power point presentation
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Military Jurisdiction
PresentationLisa Moody
Jason GraefenAngela Coleman
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Military Justice Jurisdiction
Authority to delegate Jurisdiction and Political Process President (commander in chief) Secretary of defense and Department of
Defense (DOD) Secretary of the: Army, Navy, Marines, and
Air force Military Police and their divisions Political Process
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Pre-Confinement
Types of pre-trial confinement falls under court martial 304a Conditions on liberty Restrictions in lieu of arrest Escort confinement
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Alternatives to Confinement
Different levels of operation: Army, Navy, Air force and Marines McChord: restriction to base, restriction of
liberty, extra duty, loss of rank, correctional custody, 30 days rehabilitation
Fort Lewis: commander decides whether the soldier will be placed on confinement or just restricted to base
Navy: have security barracks that are used when a service member gets into trouble
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Confinement
Confinement: Army Model Restriction by confinement up to 45 days If sentenced to more then seven years
confinement occurs at fort Leavenworth Kansas
Other inmates in level three facilities include inmates of: a shorter sentence, escape risk offenders, and unmanageable offenders
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Post Supervision
Soldiers are discharged from the military after completion of their sentence. There is no post-supervision conducted
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Relationship between Military and Civilian Law Enforcement
Crime outside of military instillation Arresting jurisdiction belongs to the city or
county where the crime is committed County or city releases offender to military
custody Example: Murder in military law is article
118 of the uniform code of military justice
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Relationship between Military and Civilian Law Enforcement
Joint Jurisdiction of Offender Anytime there is case of misconduct not on
a military instillation both civilian and military law enforcement share jurisdiction.
Civilian criminal penalties may be applied as well as military disciplinary action and military court martial.
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Relationship between Military and Civilian Law Enforcement
Title 10 Crimes of murder, rape, drug use, larceny,
drunk driving and bad checks criminal arrest and prosecution of these
offense can be made both by civilian justice and military justice
Both Civilian and military law enforcement must report crimes committed in the adjacent jurisdiction.
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Relationship between the Military and the Courts
Article 52 and Article 32 Civilian and military can prosecute under
their own judicial proceedings. Commander serves as convening authority
to decide whether a case proceeds to a military court
Article 32 is the proceedings of the court martial.
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Relationship between the Military and the Courts
Jurisdiction To be tried by court martial the military
must have jurisdiction over the offender.
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Special Populations
Sex Offenders
Drug Offenders
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Sex offenders
USDB 55% percent of the population at U.S.
Disciplinary Barracks Fort Leavenworth committed sex offenses
Minimum (general population) Medium and Maximum security
Confinement level is based on seriousness of crime and behaviors of the offender
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Sex offenders
Security Camera systems and surveillance Inmate movement through the facility Meals served in minimum, medium, and
maximum levels Correctional Specialists
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Sex offenders
Relationship and Interaction Rehabilitative Programs Educational Opportunities Trades (Textile, Barber, and Wood Work Behavioral Observation (Correctional
Specialists) Mental Evaluation (Mental Health Staff) Sex Offender Registry Requirement
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Drug Offenders
Treatment Processed under court martial Sentencing is of a non judicial or
administrative discharge from the service If in need of immediate detoxification
offender is sent to a treatment center Further Rehabilitation is offered through the
Veterans affairs office
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Budget
Department of Defense Total Funding: 439.3 billion Operation and Maintenance: 152.2 billion Military Personnel: 110.8 billion Procurement: 84.2 billion Research, Development : 73.2 billion Military Construction: 12.6 billion Family Housing: 4.1 billion
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Professions
Commander in Chief Requirements, Salary, Responsibilities
35 years of age Citizen of the united states Have lived in the United States for at least 14 years 400.000 plus salary Choose cabinet members Command armed forces (military) Foreign relations Appoint judicial members Sign and veto bills created by congress Propose new laws
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Professions
Criminal Investigation Division Agent (CID)
Requirements, Salary, Responsibilities 18 years of age U.S. Citizen U.S. Soldier Maximum grade of E-5 Two years military experience 60 college credits Pass TABE Test Pass physical fitness testContinued
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Professions Professions
Criminal Investigation Division Agent (CID)
Requirements, Salary, Responsibilities Normal color vision Possess a valid drivers license Top secret clearance, good credit, no discharge Provide security for DOD personnel Investigate crimes committed by soldiers and civilians
residing on military instillations Forensic analysis of credit fraud and biological evidence Under cover investigations Participation in judicial process of offenders
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Professions
Military Police Requirements, Salary, Responsibilities
Physical demands: moderately heavy Aptitude test score of 95 Security clearance Valid drivers license No record of pre-trial intervention or conviction No offense involving force or violence Age 18 at time of enlistment No record of possession or use of any narcotic Must have training in military police schoolcontinued
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Professions
Military Police Requirements, Salary, Responsibilities
Use of fire arms Arrest and restraint Field missions Military and civil laws and jurisdiction Crime and accident investigation procedures Traffic and crowd control procedures Arrest and restraint of a suspect Respond to 911 calls Use radars, working gates, and patrol on foot or in
vehicle
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