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Old January 29, 2012, 12:12 AM   #78
Jeff22
Senior Member
 
Join Date: September 15, 2004
Location: Madison, Wisconsin
Posts: 562
Jurisdiction on military installations

How violations committed by a non-military member on a military installation also depends upon the jurisdiction of that particular installation:

Exclusive jurisdiction is when the federal government assumes sole jurisdiction of a designated area.

■Federal criminal jurisdiction.

■Only federal authorities have the power to act.

■State authorities have no power over any violations committed.

■Federal authorities enforce all violations of federal laws or assimilated state laws.

Concurrent jurisdiction means the state retains the right to simultaneously exercise its authority along with that of the federal government.

■Federal criminal jurisdiction exists.

■Both state and federal governments have the power to enforce the law.

■State authorities enforce state laws.

■Federal authorities enforce federal laws and assimilated state laws.

Proprietary jurisdiction applies to instances in which the federal government has acquired some rights or title of ownership to an area in a state but has not obtained jurisdiction.

■Not under federal criminal jurisdiction.

■Basically the federal government has the same rights as a property owner.

■State laws are enforced by state courts.

■Federal laws are enforced by federal courts.

■State laws may not be assimilated.

Assimilated Crimes Act. Acts or omissions occurring in an area under federal jurisdiction, those that would constitute crimes if the area were under exclusive or concurrent jurisdiction, will constitute similar crimes, similarly punishable, under federal law.

■Federal criminal jurisdiction must exist.

■There is no violation of federal law.

■Only state law may be assimilated.

I just talked to one of the cops I work with who was a former active duty MP in the army. At both of the posts where he was stationed, the military had concurrent jurisdiction. Where he was they had a memorandum of understanding with the local county circuit court. If citing a non-military person for a violation, the violation was written on the appropriate state citation and the case was referred to county circuit court.
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