Posted: 2/9/2005 3:14:42 PM EDT
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Not a JAG, but I don't believe so. There are federal regulations that apply to civilians on base (speeding, firearms, etc.), but those are not part of the UCMJ. The Uniform Code of Military Justice only applies, oddly enough, to the uniformed portion of the military. |
That's true. USC applies to civilians on military/federal areas. Now military members can be held accountable in both the local civilian court and a military hearing also. |
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No. Civilians are NOT subject to the Uniform Code. They did not take the oath, nor was it read to them as it is/was to all of us. The UCMJ has no jurisdiction over ordinary citizens. They ARE however subject to federal criminal law and may be tried in federal court for offenses under the jurisdiction of the feds. |
| +1 to what everybody else said. Your friend is wrong. In addition to what the others have said, there are also circumstances when The Assimilative Crimes Act may be used. |
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At one time it was for 'persons with troops', now the Supremes cancelled that as part of their anti-military jihad. (They also fixed it so military can't sue the government even for gross negligence, and unlike every other single person in the world, American or not, military can't sue in federal fourts using federal common law for mass torts and have to sue in their home of record state using state law) As others have said, title 10 most likely applies in many circumstances even overseas. |
He was probably a rent-a-cop, as that is what usually is used on bases. I doubt he was actually a Federal cop. Given what I saw of the base rent-a-cops way back when, I am not surprised that he would say this. For the most part, they were a bunch of know-nothing, arrogant pricks. |
Here it is:
See?
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So a civilian could be busted for conduct unbecoming an officer or failure to be at their appointed time and place? How about failure to obey a lawful order? Would they get NJP with a commanding officer who would restrict them to quarters, bust them down a stripe, and take half their pay? |
And bread rations, they always forget the bread rations. ![]()
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That only goes to show not everyone with a badge knows what the fuck he's talking about. |
Govt Civilians do take a oath however, I had to take a oath upon taking my GS position. Oath of Office for a Govt Civilian USC Title 5, § 3331 “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” |
Don't be too sure about that. For the most part no but yeah you are covered under certain limited circumstances at least, or like in the case of CA almost entirely. . CALIFORNIA CODES MILITARY AND VETERANS CODE SECTION 100-105 100. The intent of this code is to conform to all acts and regulations of the United States affecting the same subjects, and all provisions of this code shall be construed to effect this purpose. 101. All acts of the Congress of the United States relating to the control, administration, and government of the Army of the United States and the United States Air Force and relating to the control, administration, and government of the United States Navy, and all rules and regulations adopted by the United States for the government of the National Guard and Naval Reserve or Naval Militia, so far as the same are not inconsistent with the rights reserved to this State and guaranteed under the Constitution of this State, constitute the rules and regulations for the government of the militia. 102. The Uniform Code of Military Justice (Chapter 47 (commencing with Section 801) of Title 10 of the United States Code) and the rules and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, 1984 (Executive Order 12473 of April 13, 1984, as amended), are hereby adopted as a part of this code and shall govern and be applicable, except as otherwise provided in this code or in regulations adopted by the Adjutant General, to the active militia, including the California National Guard. 103. Whenever reference is made in the Uniform Code of Military Justice or the Manual for Courts-Martial, United States, to military service, the Army of the United States, the United States Air Force, or the United States Navy, that reference includes the military and naval service of this state. Martial Law is spelled Martial not Marshal. Us grey area Retired Reservists got to bad mouth Bill Clinton all we wanted legally. USC is short (as used here) for US Code, which is what civilian federal employees and other civilians who break the rules on base can be prosecuted under.. |
Maybe he was talking about these people(sheeple?)on base speeding or something. Everybody else on the list signed up, took the oath, wore the uniform and got paid By the way, funny thread All your civilians are belong to us(heh) |
There was an episode of JAG that revolved around this very section. A reporter for a fictional News Network disobeyed orders and "Phoned Home". He was imbedded with some SEALs at the time of the incident There was an episode of JAG that revolved around this very section. A reporter for a fictional News Network was imbedded with some SEALs in Afghanistan. He disobeyed orders and "Phoned Home" with a satellite radio. He thought he was secure. However, unknown to him, one of his assistants was really working for the Taliban. Some of the SEALs were shot up. A couple, I believe, fatally. He was Courts Martialed, and when his assistant was found to be a spy, convicted. He basically was given a suspended sentence. While on the air he gives an Official Apology to every Serviceman who had to put up with him. He also said he was going to visit every SEAL who were still hospitalized. By the way, while at Fort Hood I was once in a Taxi that was given a Speeding Ticket by an MP.
Oh, that brings back memories! |
I said USC or US Code applies, not UCMJ. I doubt US Code has a title that covers what you mention. |
