Asked in US ConstitutionUS Military
Under which type of rule does military authority take the place of civilian law?
Civilian authority is at all times supreme over the military?
What rule is when military authority takes the place of civilian law?
When does civilian law supersede military law?
Civilian law is typically always in place. Military law is only invoked in extreme emergencies. However, military personnel are always subject to military law. The Adjutant General will negotiate with the civilian authorities if there is any situation where it is not definite as to which takes precedence. Actually, in the United States, no military person (or, for that matter, anyone other than the Judical Branch) can arbitrarily decide to enforce military law in a place where it is not currently in place. Not even the President can decide to apply military law in a place where civil law is currently in force (indeed, this is one of the major contentious issues around the classification of terrorists as "enemy combatants", and the legality of this move is still being subject to litigation). The misnowmer "martial law" does not actually apply Military Law, but rather enforce a certain subsection of civilian law. For instance, let's say that there is major rioting in a city, and the National Guard is called in to restore order, and "martial law" is declared by the city's major (or perhaps, the state governor). Members of the National Guard are subject to Military law, and any infractions they commit will naturally be covered by military trial. HOWEVER, should a National Guardsman capture a looter (or other criminal), they are then prosecuted under CIVILIAN LAW, even though "martial law" was declared. Martial law in this case is a specific subsection of civilian law, which criminalizes certain activities which are normally permissible under ordinary civilian law. Back to the original question: as Congress is the creator of both military and civilian law, it can decide whether civilian or military law applies in a situation where the military normally has first jurisdiction. There are a myriad number of places this can occur, so naming them all is not possible. In addition, the Constitution is still the highest law of the land, and is supreme over both military and civilian law. Do note that many crimes are not covered by military law, but only civilian law, so it is entirely possible for a person normally subject to military jurisdiction to be prosecuted by civilian authorities without military acquiecence. For example, Insider Trading is a civilian crime, with no military equivalent, so it would be entirely possible to charge a military serviceperson on a military base with this civilian crime.
Asked in US Presidents, Criminal Law, US Constitution
Who tries a military officer who commits a crime while in uniform overseas?
They can be charged under the Uniform Code of Military Justice (UCMJ) and be tried in a Court Martial or (depending on the crime and the 'status of forces' agreement in place between the US and that country) they can be turned over the civilian authorites of the country in which the offense occurred to be tried under that country's laws.
Asked in US Constitution, US Military Bases
Is the US Constitution fully applicable in a military base as a US territory?
Yes. The U.S. Constitution applies as the supreme law in ANY place that the U.S. has jurisdiction, regardless of whether military or civilian law applies. Now, the exact details of how the Constitution applies in specific cases can vary, depending on the situation. In addition, military law applies over civilian law when on a U.S. military base, rather than a U.S. territory (where only civilian law applies).
Asked in Finland
Does Finland have a voluntary military?
No, every man must serve his country in one of the two ways: by going through military training or, alternatively, by doing "civilian service". Most men do the about a half a year long military service. Civilian service lasts for a year, during which you must work at a state- or county-owned working place such as a hospital or a school.
Can a junior police personnel inquire and arrest a senior Army officer?
Yes- If they have broken the law. If anyone breaks the law, they can be arrested by anyone, and even could be placed under citizen's arrest. <><><><> Minor point of terminology- In the US Military, MPs do not arrest. They apprehend service members, and persons that are under the authority of their commander. And yes, A PFC Military Police Officer may place a Colonel under apprehension.
What was the reason for military districts after the civil war?
After a conquest, it is customary for the military to administer the newly gained territories until a civilian government can be installed. The military will maintain law and order, until it deems it time for a peaceful civilian government to take it's place. Example: California was won from Mexico during the Mexican War of 1846-48. California had 7 US Military Governors before obtaining statehood in 1850. California never had a US Territorial Governor.
Asked in American Revolution, Colonial America
Why did several battles take place near the bozeman trail?
Why is it called world war?
because its a war between 2 strong countries who are in search for more power, and who wants to have control in most places in the world., It was a global military conflict which took place primarily in Europe from 1914 to 1918. Over 40 million casualties resulted, including approximately 20 million military and civilian deaths. because its a war between 2 strong countries who are in search for more power, and who wants to have control in most places in the world., It was a global military conflict which took place primarily in Europe from 1914 to 1918. Over 40 million casualties resulted, including approximately 20 million military and civilian deaths. because its a war between 2 strong countries who are in search for more power, and who wants to have control in most places in the world., It was a global military conflict which took place primarily in Europe from 1914 to 1918. Over 40 million casualties resulted, including approximately 20 million military and civilian deaths.
Asked in Emancipation and Ages for Moving Out
Can you get married in Ontario if you are under 18?
What do you do when you sing the Star Spangled Banner?
Asked in War and Military History
Does being a military contractor over seas mean that you served time for the u.s. military?
A civilian contractor is there to make money. He is NOT in the service of his country as a member of the United States Army, Marines, Navy, Air Force, or Coast Guard. Other than the standard issue of combat pay, over-seas pay, etc. servicemen are NOT in a combat zone (over-seas) to make money (although the smart ones do make money by saving it...if there's no place to spend it) they are there on orders of the US Government. Civilian contractors can quit, military personnel (at least up until the Vietnam War) could NOT quit, if they tried, the stockade would be awaiting them. Civilian contractors can state that they have worked for the military, but they cannot say that they have SERVED IN the military.
Asked in Pearl Harbor, New York, September 11 Attacks
What is different between Pearl Harbor and September 112001?
Asked in History, Politics & Society, World War 2
What place had the most civilian deaths during WW 2?
Asked in Cadillac Catera, Time Zones, Nintendo DS, Timex
How do you change the time from military to standard time on a 1998 Catera?
Asked in Police and Law Enforcement
Can a police officer arrest an army officer in India?
It is a complicated matter with Military Officials exempted from multiple jurisdictions of security agencies regardless of any country except for those who do not have any set of laws defined or where the military does not exist. NO, Police cannot arrest the Military Officer anywhere in the world unless directed so by the Military itself or the Federal Government asking for an arrest. Even in those cases there is a methodology involved. Uniformed officials after they have recognized themselves to the agency (Police, FBI, CIA) cannot be arrested at gunpoint (there is no question at all) as all uniformed military officials are members of Federal Government not State or Provincial Governments, indeed it is a serious breach of law pointing a gun onto a uniformed military official as they are entitled to self defense where-ever what-ever the situations or consequences are. But does that mean they cannot be charged for a crime? NO, they can be but to that even an appropriate method is in place. Police official will request the Officer to Comply and Co-operate with them in petty crimes (If they do not comply without recognizing themselves they are treated as civilians, if they have recognized themselves and still do not comply their identity itself is enough to levy a charge against them as it is military not a private organization where employee will runaway or vanish; he has to report to the command when required, thus police prepares a case against the officer and forwards it to their respective command where a court of inquiry (CI) is put in place to greet him the moment he reports back) and a report is initiated that is not dealt by the civilian authorities (civil courts) but are rather forwarded to their respective Command/Units/Regiment for consideration of awarding a penalty. There the Military Courts called usually Judge Advocate General Branch (JAG) of military decrees a penalty against an officer thus no civilian court can try a military uniformed officer. That is in case of petty crimes. (Officers are not kept behind bars as it is been depicted here but rather they are treated with utmost respect and their respective command is informed about it who assign the task to Military Police to procure the officer back to base with details of charges levied against him) In cases of National Security or where the Case is of a serious nature then federal government asks the military to exempt a particular individual from Army Act and even then the state agencies cannot take the matters into their hand rather Military Intelligence Coupled with CIA or FBI retrieves the individual and if he does not comply he is taken by force a warrant issued not by the Civilian Court but by the Military Courts based on which he is taken into custody. Case # 1 The concerned officer is not directly presented to civilian courts but is initially presented to military court which on accounts of National Security or a serious breach of law rather exempts him from Army act to be presented to Civilian Court (the official remain under the legal custody of military and JAG Branch representatives are present there in the hearings) if the officer is proved to be guilty the military courts then decree a penalty against him that is usually a court-martial from the military and military imprisonment after which the individual has to face the civilian court again who decree a penalty onto the officer of its own. (i.e if individual on killing another citizen has been confined to military imprisonment for 10 years after which he is released the civilian court decrees a penalty of 15 years then the officer serves another 5 years in prison accounting his military imprisonment of 10 years as penalty is federal not stratified to subjects of federal government i.e Military, Judiciary etc.) Case # 2 is fairly simple in which if required by the civilian courts for a heinous crime of a civilian nature military Court-Martial the officer after which he is not under the domain of Military law (Armed Forces Act.) rather he is a civilian and faces a criminal penalty of civilian in nature.