ANSWERS [ GRADED A+]
EPO 2) OSI Jurisdiction & Authority - ✔️✔️-Persons "subject to the code"
Meaning:
-Active Duty
-Reservists
-Guard on Title 10 Status
-Cadets & Midshipmen
-POW's in US custody
-Retirees -> entitled to pay (SECAF Approval)
World Wide Authority - ✔️✔️Anyone "subject to the code"
©caleb2024 /2025. Year published 2025.
,Anywhere in the world as long as subject to code
Jurisdiction - ✔️✔️-Exclusive: Fed only
-Concurrent: Fed & State
-Proprietary: State only
On-Base Jurisdiction - ✔️✔️OSI (except for foreign suspects & victims)
Off-Base Jurisdiction - ✔️✔️Host Nation
-> BUT, check the SOFA! (Status of Forces Agreement)
-Offenses only involving US laws, citizens, and property
-Offenses committed by US personnel within scope their employment
UCMJ - ✔️✔️-Any offense
Fed & State crimes:
©caleb2024 /2025. Year published 2025.
,-committed by military members
-limited investigations of civilians meaning there needs to a primary military
purpose/ military nexus
think fraud, bribery, theft of gov't property, drugs.
Sexual Assault - ✔️✔️OSI investigates all crimes of sexual assault, but consider:
-Personal jurisdiction: subject isn't military? Notify local LE or FBI
-Concurrent: notify local LE
-Proprietary: provide support as needed
Military Extraterritorial Jurisdiction Act (MEJA) - ✔️✔️Allows civilians with US
forces overseas to be prosecuted
-prior to MEJA there was a jurisdictional gap
MEJA Applies if: - ✔️✔️-Act was committed outside CONUS
-Act is a felony
©caleb2024 /2025. Year published 2025.
, -Subject is employed by or accompanying US armed forces when offense is
committed
Ex) civilian employees, contractors, dependents
UCMJ Art 2 - ✔️✔️-Art 2: now applies to persons with or accompanying an
armed force in the field during a CONTINGENCY OPERATION
-"subject to the code," can be court martialed
-Requires extensive DOJ coordination/notice. DOJ gets priority
(UCMJ statute of limits is generally 5 yrs)
ex) Blackwater in Iraq 2007
EPO 3) Civilian Arrest Authority/ Military Apprehension - ✔️✔️Apprehension =
arrest for military
-Custody
-PC
©caleb2024 /2025. Year published 2025.