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NCJ Number: 66429 Add to Shopping cart Find in a Library
Title: SOME CRIMINAL OFFENSES COMMITTED OVERSEAS BY DOD (DEPARTMENT OF DEFENSE) CIVILIANS ARE NOT BEING PROSECUTED - LEGISLATION IS NEEDED
Author(s): ANON
Corporate Author: US Comptroller General
United States of America
Date Published: 1979
Page Count: 62
Sponsoring Agency: Azimuth Inc.
Fairmont, WV 26554
US Comptroller General
Washington, DC 20548
Sale Source: Azimuth Inc.
1000 Technology Drive, Suite 3120
Fairmont, WV 26554
United States of America
Language: English
Country: United States of America
Annotation: RECOMMENDATIONS ARE OFFERED BY THE GENERAL ACCOUNTING OFFICE (GAO) TO HELP RESOLVE THE PROBLEM OF NONPROSECUTION OF CIVILIANS WHO COMMIT CRIMINAL ACTS WHEN THEY ACCOMPANY MILITARY FORCES OVERSEAS.
Abstract: THE SUPREME COURT RULED IN 1960 THAT DURING PEACETIME IT IS UNCONSTITUTIONAL TO SUBJECT CIVILIANS TO MILITARY LAW. SINCE THEN, THE U.S. HAS HAD VIRTUALLY NO CRIMINAL JURISDICTION OVER THE 343,000 CIVILIAN PERSONNEL AND DEPENDENTS ACCOMPANYING THE ARMED FORCES OVERSEAS. AS A RESULT, ALLEGED OFFENSES, INCLUDING RAPE, ARSON, AND ROBBERY, ARE NOT BROUGHT BEFORE A JUDICIAL FORUM IF THE HOST COUNTRY CHOOSES NOT TO PROSECUTE. MILITARY OFFICIALS BELIEVE A DISREGARD FOR THE LAW EXISTS, EFFECTIVE DISCIPLINE AND CONTROL OVER CIVILIAN PERSONNEL AND DEPENDENTS ARE LACKING, AND THE RIGHTS OF INDIVIDUALS ARE NOT ALWAYS SAFEGUARDED. THE U.S. HAS JURISDICTION OVER MANY OFFENSES COMMITTED BY SERVICE MEMBERS OVERSEAS, BUT THE DEPARTMENT OF DEFENSE (DOD) DOES NOT ROUTINELY ACCOUNT FOR THE DISPOSITION OF THESE CASES. GAO RECOMMENDS THAT (1) CONGRESS ENACT LEGISLATION EXTENDING CRIMINAL JURISDICTION OVER DOD CIVILIANS ACCOMPANYING THE ARMED FORCES OVERSEAS AND (2) THAT THE DOD MODIFY THE ANNUAL REPORT SENT TO CONGRESS TO PROVIDE MORE INFORMATION CONCERNING THE NUMBER, TYPE, AND DISPOSITION OF OFFENSES COMMITTED OVERSEAS. FOOTNOTES AND SEVEN APPENDIXES OF RELATED MATERIAL ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--PRG)
Index Term(s): Case dismissal; Defiance of law; Dispositions; International agreements; International law; Jurisdiction; Legislation; Prosecution; US Armed Forces
Note: THERE IS A CHARGE FOR MORE THAN ONE COPY. REPORT BY THE COMPTROLLER GENERAL OF THE UNITED STATES TO CONGRESS
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66429

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