ARTICLE: EXCLUSIVE FEDERAL LEGISLATIVE JURISDICTION: GET RID OF IT! * Skip over navigation
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Military Law Review

ARTICLE: EXCLUSIVE FEDERAL LEGISLATIVE JURISDICTION: GET RID OF IT! *



* The authors thank Ms. Martha Black, The Judge Advocate General's School, United States Army, Charlottesville, Virginia, and Major Lisa M. Schenck, United States Military Academy, West Point, New York, for their editorial, organizational, and proofreading assistance during this project.

October, 1997

154 Mil. L. Rev. 113

Author

MAJOR STEPHEN E. CASTLEN ** & LIEUTENANT COLONEL GREGORY O. BLOCK ***

Excerpt

I. Introduction

Determining what law applies on military installations (state, federal, or some combination thereof) continues to challenge judge

advocates and installation commanders. Civilian crime, including juvenile crime, child abuse, spouse abuse, environmental crimes and compliance, local police support, personal injury, wrongful death, service of process, and other issues are all significantly affected by the jurisdictional status of the military installation. For example, when juveniles commit crimes on the installation, commanders and judge advocates need answers to the following questions which involve jurisdictional and practical issues. Does the state or federal Government have jurisdiction to prosecute a juvenile? What criminal or civil law applies? What procedures must be followed before federal courts may prosecute? Which sovereign is best suited to handle juvenile matters? When domestic violence occurs on a military installation, similar questions arise. Often, federal authorities need state police assistance. On military installations local police can be reluctant to assist because there is confusion over their authority, obligations, and liability. Why is jurisdiction different on some military installations--and why do some installations have different types of jurisdiction located throughout the installation? What caused all these problems? It all started in 1783, when American soldiers mutinied against the Continental Congress. The soldiers were angry because they were not paid for their service during the Revolutionary War. In response, the Continental Congress sought to protect federal activities by limiting or completely excluding state authority on federal lands or "enclaves." While well intended ...
 
 
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