Article 134 is a repository of more than 54 unique criminal offenses that are not specifically covered in any other article of the Uniform Code of Military Justice (UCMJ). Article 134 also allows prosecutors to assimilate federal crimes into the UCMJ.

Article 134 is a “catch-all” for many offenses that are not covered by other specific articles of the UCMJ. These other offenses, including their elements and punishments, are spelled out in Part IV, Punitive Articles (Paragraphs 60-113) of the Manual for Courts-Martial.

Misbehavior by a sentinel or guard, such as sleeping or being drunk or missing from the place of duty is charged under this article. Punishment for such situations occurring during wartime is different from that for peace time incidents and both are covered here.

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty.

Article 80 of the UCMJ defines the actions and intentions a service member must take during an attempted crime to be held accountable for that crime, even though the offense was unsuccessful.

a. Text of statute. (a) Any person subject to this chapter who con- spires with any other person to commit an of- fense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation.

UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. When faced with a UCMJ Article 15, Servicemembers have a right to demand trial by court-martial, to appeal the non-judicial punishment, or to accept it.

The Uniform Code of Military Justice (UCMJ), enacted by Congress, contains the substantive and procedural laws governing the military justice system. The President prescribes procedural rules and punishments for violations of crimes in the Manual for Courts-Martial (MCM).

The same goes for service members awaiting discharge after the enlistment term has expired. Barring any statutes of limitations, Article Three holds that these individuals can be tried for offenses they committed while they were subject to the UCMJ regardless of the termination of his or her military status.

Military law can be applied to civilians, but only in special circumstances. If a nation declares “martial law,” military authority replaces civilian authority. I § 9), may declare martial law. Absent a declaration of martial law, United States civilians cannot be prosecuted under a system of military law (Reid v.

Exclusive Jurisdiction on Army Bases The federal government has exclusive jurisdiction over crimes committed on a military reservation. If you are a civilian charged with a crime on a military base with exclusive federal jurisdiction, you can expect the matter will be resolved through the federal court system.

Article 31, UCMJ Rights. No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question the answer that may tend to incriminate him.

In reality, military members enjoy the same rights that civilians do, if not better. You should know that any person subject to the UCMJ who suspects someone of an offense must advise the suspect of his/her rights under Article 31 of the UCMJ.

No code of federal regulations covers offenses on military bases. Therefore, state law applies. All civilians on military bases are subject to federal court for criminal offenses; crimes committed by military personnel can be prosecuted either in civilian court or in courts- martial.

(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully …

Overseas locations are controlled by special agreements that in general, give the U.S. government jurisdiction over military members, their dependents, and U.S. civilian components of the assigned force.

Additionally, among other authorities for the protection of federal property, the Secretary has the authority to promulgate criminal regulations for the protection of federal property. See 40 U.S.C. § 1315(c). The Inspector General Act of 1978, 5 U.S.C.

Federal law prohibits “depredation against any property of the United States” as well as robbing or attempting to rob “another of any kind or description of personal property belonging to the United States.” It also prohibits possessing a firearm in a federal facility “with intent that a firearm or other dangerous …

If land is owned exclusively, the federal government takes over all the law enforcement responsibilities. Federal officers and agents are responsible for handling all investigations and cases, and the local police do not come onto the facility to investigate or arrest suspects.

Strong exception. Previous presidents had a constitutional duty and authority to faithfully execute the laws of the United States, including sending federal officers to protect federal property and enforce federal law.

The Property Clause of the U.S. Constitution, Article IV, Section 3, Clause 2, gives Congress authority over the lands, territories, or other property of the United States. This provision provides Congress broad authority over lands owned by the federal government.

For federal officers, territorial jurisdiction is, for the most part, straightforward: Federal officers (like FBI agents) may generally arrest for violations of federal law anywhere in the United States.

Court Cases Federal courts have jurisdiction over cases involving: the United States government, the Constitution or federal laws, or. controversies between states or between the U.S. government and foreign governments.