d. MP supervisors must know the procedures for releasing information and providing
assistance. They check performance of subordinates. They ensure information is not released without
proper authority and clearance from the post information officer or SJA.
3.
Authority.
a. Authority is the lawful right of designated persons or agencies to exercise government power
of control. The authority of MP to enforce military law, orders, and regulations is derived primarily
from the constitutional powers of the President of the United States as Commander in Chief of the
Armed Forces.
b. MPs have authority to take proper action with persons subject to the UCMJ or subject to trial
under the code. This authority applies to all members of the Armed Forces on active duty whether they
be Reserves on active duty training, cadets, midshipmen, or others. Retired members of the Armed
Forces, as well as retired members of the Armed Forces Reserve who are using military facilities, are
subject to military jurisdiction.
c. USACIDC investigates Army-related felonies and offenses punishable by death or
confinement at hard labor for more than one year. The MPI section investigates all Army-related
misdemeanors and offenses punishable by confinement of one year or less. Larcenies of property valued
at
||content||
,000.00 or more are CID's responsibility. Items valued less than
||content||
,000.00 are investigated by
MPI.
4. Jurisdiction.
a. All personnel performing police work in CONUS or overseas need a basic knowledge of
jurisdiction and law. Law is a very broad and complex subject. It is constantly being changed by new
statutes and court decisions. Jurisdiction is the scope or limit of governmental authority. This extends
to territory, persons, and subject matter. It defines the extent of power which government, through the
exercise of its police power, may properly exercise over persons, territory, or subject matter.
b. Military jurisdiction is the lawful authority, or right, of an armed force to exercise
governmental power or control. Authority and jurisdiction are not the same. MPs may have the
authority to apprehend an offender. They may not have jurisdiction to try him. Every offense or
incident, therefore, depends upon the status of the offender, international agreements and treaties, the
service connection of the offense, and other factors. The SJA should always be consulted where doubt
exists over jurisdiction.
c. The military has exclusive jurisdiction to try persons subject to the UCMJ for offenses purely
military in nature, such as unauthorized absences. In the United States, the military has jurisdiction in
cases involving a service-connected civilian offense or offenses occurring within military jurisdiction.
Purely civilian offenses occurring off-post, such as DUI, may be handled in the civilian courts.
MP2003
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