Military Police Authority Over Civilians--They Look Like Police, They Act Like Police, but are They Police?

This study examines the legal authority of military police to conduct law enforcement activities in relation to civilians at military installations in the United States. The examination focuses on the lack of statutory arrest power and the legal rationales of citizen's arrest, protection of government property, and installation commanders authority to maintain law and order. The study establishes that the lack of statutory arrest power is a product of the historical notion that military personnel ought not to execute laws against civilians. Further, the legal rationales used to support current military police operations are inappropriate because they provide little guidance to military police; they are neither legally nor logically sound; and, they do not provide for effective criminal prosecutions by permitting military police violations of civilians constitutional rights and unwarranted tort litigation. The study concludes by proposing statutory language providing military police law enforcement authority. This proposal satisfies current notions of appropriate civil-military relationships. It also permits effective and uniform law enforcement at military installations by providing specific guidance to military police thereby avoiding violations of the Bill of Rights with concomitant civil and criminal litigation.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.

This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.

As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.