| |
Justice, but to give you an overview of each of
the articles prescribed by article 137. Those
articles which are self-explanatory are shown in
block quotation as stated in the UCMJ n o
further explanation is given. Some of the more
lengthy articles have been edited to present only
portions of these articles. Articles that are lengthy
and, in some cases, difficult to interpret are
paraphrased to give you a brief overview of what
the article contains.
The UCMJ uses the terms “man” or “he” to
refer to all persons in the military service.
Art. 2. Persons Subject to This Code
The following persons are subject to
this code:
(1) Members of a regular compo-
nent of the armed forces, including
those awaiting discharge after
expiration of their terms of enlist-
ment; 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 called or ordered into, or
to duty in or for training in, the
armed forces, from the dates when
they are required by the terms of
the call or order to obey it.
This article includes all persons on active duty,
certain retired persons, prisoners, and prisoners
of war.
You should specifically note the following
provisions of article 2:
• Any person serving a sentence imposed by
a court-martial remains subject to the UCMJ.
Thus, a prisoner who is serving a court-martial
sentence may be tried for a crime committed while
a prisoner. This applies even though the prisoner’s
term of enlistment has expired at the time of
commission of the crime.
• A reservist on inactive-duty training is
subject to the UCMJ when (a) the training is
authorized by written orders; (b) the orders are
voluntarily accepted by the reservist; and (c) the
orders specify that the reservist is subject to the
UCMJ.
• A reservist ordered into the active military
service is subject to the UCMJ beginning on the
date specified in the orders for the reservist to
report for active duty.
• The United States Supreme Court has held
unconstitutional the exercise of court-martial
jurisdiction over civilians in time of peace.
Art. 3. Jurisdiction To Try Certain Personnel
Article 3 states that a person maybe tried by
court-martial, even after leaving the service, for
offenses committed while under the UCMJ.
Art. 7. Apprehension
(a) Apprehension
person into custody.
(b) Any person
is the taking of a
authorized under
regulations governing the armed forces to
apprehend persons subject to this code or
to trial thereunder may do so upon
reasonable belief that an offense has
been committed and that the person
apprehended committed it.
(c) Commissioned officers, warrant
officers, petty officers, and noncommis-
sioned officers have authority to quell
quarrels, frays, and disorders among
persons subject to this code and to
apprehend persons subject to this code who
take part therein.
In addition to those listed in 7(c), security
police, military police, shore patrol, and others
designated to perform guard or police duties may
apprehend persons subject to the UCMJ.
Enlisted persons performing police duties
should not apprehend an officer except on specific
orders of a commissioned officer. The exception
is when such apprehension is necessary to prevent
disgrace to the service, the commission of a serious
offense, or the escape of one who has committed
a serious offense. In such cases, the apprehending
individual immediately notifies the officer to
whom he or she is responsible or an officer of the
security police, military police, or shore patrol.
An apprehension is effected by clear notifica-
tion to the offender that he or she is thereby taken
into custody. The order may be oral or written.
A clear distinction exists between the authority
to apprehend and the authority to arrest or
confine (article 9). Any person empowered to
apprehend an offender, however, is authorized
to secure the custody of an alleged offender until
proper authority may be notified.
6-7
|
