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18 answers

Yep and they do. Military has jurisdiction on anything that happens on base, hence the military police take care of that. Anything that happens off the instillation is under the police control of the area. The military can ask for jurisdiction from the civilian police, but its up to them.

And for overseas, we have a SOFA (Status of Forces Agreement) that if a military member did something like that off base, the local government has control over crime, and the military can ask for jurisdiction.

2006-08-26 04:33:23 · answer #1 · answered by ? 2 · 0 0

No they can't.... If a serving member of the armed forces commits a crime then it is the responsibility of a military court to determine what punishment should be given out.

However, the military court can rule that the person be handed over to a civilian court for trial.

If the person is found guilty and sentenced to imprisonment then that imprisonment is carried out at a military jail rather than in a civilian jail.

The person can only be sent to a civilian prison if they are discharged from the military and return to civilian life, in which case they are subject to normal laws like you or I.

2006-08-26 10:42:10 · answer #2 · answered by jonmorritt 4 · 0 1

Of course they can. Depends where the incident takes place. If it's on base, the Military Police will handle it. If it is off base in a civilian community, the service member is at the mercy of that city's police, who do not have to hand him back over to the military.

2006-08-26 17:12:58 · answer #3 · answered by frenchy62 7 · 0 0

If the crime occurs in the civilian community, then yes. And once the civilians get through, the military will sometimes try them for the same thing under military authority, or charges stemming from their incarceration(like missing movement, going UA/AWOL, etc and so forth.)

It's even more of an issue OCONUS. if you get into trouble overseas, whether stationed there or just visiting, the host Nation has first dibs on you.. to include their insistence that you be incarcerated in THEIR jails.

2006-08-26 14:14:45 · answer #4 · answered by Mrsjvb 7 · 1 0

They can try but the military will pick up their men. Federal courts over rides state & local courts. The military answers to the president as commander in chief only. They are set up with their own courts to keep politics out of military - imagine what a field day liberal appointed & elected judges would have with our faithful soldiers to make a point in politics.

2006-08-26 10:37:01 · answer #5 · answered by Wolfpacker 6 · 0 0

Yes. Anything that happens off of an installation is handles by locals. Depending on what happens on an istalation it could be handled by local or SF. There was a military member that killed his fiancee off base and the local police arrested him and took him to jail. He was escorted by SF to retrieve his things from the dorms and then returned to the local jail. He was discharged from the military and is now waiting arraignment.

2006-08-26 13:25:50 · answer #6 · answered by waterfroggie7 1 · 0 0

Yes, the laws apply to those of us in the military just like everyone else. If the crime is performed away from our duty station (on leave, etc) then the local law enforcement can actually keep us.

The worse part, is that you can face civilian criminal charges, and then receive non-judicial punishment from the military.

2006-08-26 10:41:02 · answer #7 · answered by bgray0630 2 · 0 1

Hmmm....well I do know that when my dad was working, he often found guys who fled to the military and used someone else's ID to get in. My dad used to go and get them. I would think that the local authorities would let the military know but wouldn't it be the military that would try the offender?

2006-08-26 10:37:47 · answer #8 · answered by Anonymous · 0 0

yes, just because your in the military doesnt make you untouchable ..and being the in the military can make matters worst you dont have civil rights in the military..the military can charge you as well..I was raised overseas in a military family and your are warned not to break any laws overseas my father told me of guys who were sent away for committing crimes and the goverment couldnt or wouldnt do a thing about it..so good luck..dude..

2006-08-26 10:46:30 · answer #9 · answered by Kingofreportedabuse 3 · 0 1

They will bust them but I believe they must be turned over to Military Police.

2006-08-26 10:37:00 · answer #10 · answered by amglo1 4 · 1 0

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