OCR Text |
Show 12 HILL TOP TIMES Friday, November 2, 1984 for urf'-inri)(3ii"i- tfiil According to Capt. John B. Solan, Area Defense Counsel, many clients are surprised to learn they may be for subject to trial by court-marti- off-bas- al offenses. Unlike e federal courts, courts-marti- state and are not al required to try an accused where the offense was committed. Location of trial is not important in the military, merely a matter of administrative venience and judicial economy. con- court-marti- al to the Uniform Code of Military Justice and includes those awaiting discharge after expiration of their term of enlistment and inductees from off ernes pmmme ise and military purpose of status remained uninterrupted. Effective January 1979, the Air Force began exercising jurisdiction over reservists on inactive duty for training. A reservist may be subject if the into trial by court-martidividual is actually on active duty training, the training is performed pursuant to written orders, and the orders specify the member's being subject to the UCMJ. Jurisdiction over the offense is the second hurdle facing the government in prosecuting cases. Early decisions cited requirement of service connection before military jurisdiction existed. In 1971, the U.S. Supreme Court supplied 12 factors to be considered determining whether there is in; courts-martijurisdiction. These fac the time of their initial armed forces induction. Jurisdiction over active duty personnel requires their term of service to have legitimately begun and not yet ended. Military courts have generally ruled that military jurisdiction terminates by discharge at the end of an enlistment or period of obligated service, even though the service memthe service. ber immediately This break in status, regardless of time between discharge and terminates jurisdiction and prevents prosecution. However, in United States versus Clardy, the United States Court of Military Appeals found continuing jurisdiction over a soldier for offenses , occurring during his prior enlistment when he was discharged solely for the re-ente- Jurisdiction over the person and the offense are the two fundamental requirements before trial by can be initiated; Personal jurisdiction exists for persons subject ffff-bs- al rs - al Eligible officers and enlisted members with dates of separation from Dec. 11 through Jan. 6 may request, separation for any time during that period. Air Force Manpower and Personnel Center officials said a request will be denied only if the commander determines early loss of the member would Early separation available for some, eligibility varies adversely affect the mission. Members are not eligible if they are: In formal probation or rehabilitation programs Being processed for involuntary discharge Under investigation or international hold Awaiting trial or outcome of appellate review of a conviction by court-martiSeparating under the Palace Chase Program al (& (It (ttltttnn imsmt? Jj&tif tit k fiw W 72 off-bas- e. service-connecte- h TT TTTMT MMM T7T7 0000000000000000000 TRUCK 84 Complimentary S-1- Hearing 1 T7 O III Ml L I 984 CHEWS o THROUGH CASH ALLOWANCES FROM THE FACTORY" o AND '84 MODEL PRICE DISCOUNTS o YOU'LL NEVER MAKE A BETTER BUY! NERVE DEAFNESS CAN BE HELPED X. W One of the greatest expansions of jurisdiction in recent years has been in drug cases. In 1980, the U.S. Court of Military Appeals upheld a conviction of an airman selling The LSD and marijuana court noted that almost every involvement of service personnel with drugs d and can be the is of subject prosecution by the military. court-marti- al Guard or Reserve airmen serving initial active duty training or involuntary extended active duty hours In addition, service academy graduates who have not completed their service obligations, officers on active duty for training and those on statutory tours are not eligible. Officers and enlisted members returning from overseas for separation at the port are eligible, if the scheduled return date falls within the early release period. Further information is available at the Consolidated Base Personnel Office Customer Service Sec: '.: tion, Ext. 76975. IN SAVINGS ON NEW r. court-martia- l. WASATCH FRONT CHEVY DEALERS V ARE PASSING ONTO YOU OVER nTTTTTT &&4 , 4 Evaluations 0000000-0090000000000000000- 0 '84CAMAR0 0 WHEEL DRIVE SPORT COUPE ihrrrt 632. 4 cylinder engine. 4 speed transmission, tinted glass, bucket seats. WAS $8866.00 Stk. 800. 1800 lb. THE FINEST HEARING INSTRUMENTS AND SERVICE AT VERY REASONABLE PRICES engine. payload. PS. AM radio, gauges. CD "84 CAVALIER 4 door. auto, trans.. 4 cylinder. 3Z1. Power steering, tinted glass, radial tires, wheel trim rings. Demo. WAS $7849.00 Right now, resolve to improve your hearing or that of someone you love. If your hearing isn 't what it could be, come see us; we want to help. Our licensed dispensers will check your hearing and explain the results in detail. We can also show you the latest methods of electronic hearing assistance, including the NOW '84 CHEV Vz TON 84 CHEVETTE 2 WHEEL DRIVE 932. 2 door. 4 cylinder, radial tires, tutted glass, maroon. SI2. 4 speed transmission, power steering. Scottsdale Package, two tone paint, much more. WAS new instruments designed to reduce background noise. Some are so tiny they fit inside the ear. Come and see if this is for you; there is no obligation. Call for your appointment. WAS $5603.00 $9831 4 door. 84 CITATION auto., air. PS. PB. sport equipment. II 1 804. WAS $9831.00 WE'RE HERE TO HELP YOU HEAR. Audio Sonics 3520 Lincoln 2E 394-375- 0 i $100.00 $100.00 USE THIS!!! $100.00 OFF on your next j I HEARING AID (Any Make or Model) mlu w s uisuuun ed to SEi.i I IMMEDIATELY X I CHEVndLET 1 WE CARE A tla V A o SOT?!, o At Audio Sonics I When you present this coupon. j : con- nection between defendant's military duties and the crime, the offense's flouting of military authority, and the presence and availability of a civilian court where the case can be prosecuted. A military judge must affirmatively make findings of jurisdiction over the person and offense during the IN CONJUNCTION WITH THE s 'n-feMJ- tors include the place of offense, J |