SOME CRIMINAL OFFENSES COMMITTED OVERSEAS BY DOD (DEPARTMENT OF DEFENSE) CIVILIANS ARE NOT BEING PROSECUTED - LEGISLATION IS NEEDED

• NCJ Number: 66429
• Author(s): ANON
• Date Published: 1979
• Length: 62 pages
• Corporate Author: US Comptroller General
• Sale Source: Azimuth Inc.
• Language: English
• Country: United States of America
• Note: THERE IS A CHARGE FOR MORE THAN ONE COPY. REPORT BY THE COMPTROLLER GENERAL OF THE UNITED STATES TO CONGRESS

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)