Military Jurisdiction Question

[Bob Mueller]

I should know the answer to this as a former MP, but I can't recall.

Hypothetical for my next book I'm starting work on:

If a service member (sailor) commits a bank robbery off-base, who is he subject to? The military has first crack, right? Civilians can then prosecute if the military declines, yes?

If he's sent to prison for 15 years, is it likely to be a military brig, or federal prison?

I'm thinking of a sailor assigned to shore duty, who robs a bank in the very early 90s, in either SF/Oakland, or San Diego. I need him in prison for about 15 years, and able to relocate to Oregon.

[Lance Charnes]

IIRC, a military member committing a crime in the civilian world (that is, not on a military reservation) is under the jurisdiction of local civilian law enforcement, would be held in civilian jails and tried in civilian courts. Military police would have to become involved if the civilian investigators need to go into a military reservation (for instance, to search the suspect's dorm room or workplace).

There has been a series of serious crimes -- murders, robberies -- committed recently by returning Iraq/Afghanistan vets in several states. I believe they were investigated and prosecuted by civilian LE. Google it and see what comes up.

[Bob Mueller]

There has been a series of serious crimes -- murders, robberies -- committed recently by returning Iraq/Afghanistan vets in several states. I believe they were investigated and prosecuted by civilian LE. Google it and see what comes up.

Good suggestion and reminder. I've rethought this part as well; instead of a straight-up robbery, it's become a fairly standard check-kiting scheme, committed in the early 90s. The catch will be that while he did the kiting off-post, he was using the personal information of sailors and Marines who were heading out to sea, and he obtained that information through his military position, so that crime was committed on-post. I've got an email out to NCIS to see if they are willing to answer any questions about how this might be handled.