prescribed by article 137. Those articles that are
self-explanatory are shown in block quotation as stated
in the UCMJ; no further explanation is given. Some of
the more lengthy articles have been shortened to present
only portions of these articles. Articles that are lengthy
and, in some cases, difficult to interpret are paraphrased
(rewritten) to give you a brief overview of what the
article contains.
NOTE
In this section of the chapter, the words
“he,” “his,” and “him” do not indicate gender
and are used for economy of communication.
Art. 2. Persons Subject to this Code
The following persons are subject to this
code:
(1) Members of a regular component of
the armed forces, including those awaiting
discharge after expiration of their terms of
enlistment; volunteers from the time of their
muster or acceptance into the armed forces;
inductees from the time of their actual
induction into the armed forces; and other
persons lawfully called or ordered into, or to
duty in or for training in, the armed forces, from
the dates when they are required by the terms of
the call or order to obey it.
This article includes all persons on active duty,
certain retired persons, prisoners, and prisoners of war.
You should specifically note the following
provisions of article 2:
Any person serving a sentence imposed by a
court-martial remains subject to the UCMJ. Thus a
prisoner who is serving a court-martial sentence may be
tried for a crime committed while a prisoner. This
applies even though the prisoner’s term of enlistment
has expired at the time of commission of the crime.
A reservist on inactive-duty training is subject to
the UCMJ when (a) the training is authorized by written
orders; (b) the orders are voluntarily accepted by the
reservist; and (c) the orders specify that the reservist is
subject to the UCMJ.
A reservist ordered into the active military
service is subject to the UCMJ beginning on the date
specified in the orders for the reservist to report for
active duty.
The United States Supreme Court has held
unconstitutional the exercise of court-martial
jurisdiction over civilians in time of peace.
Art. 3. Jurisdiction to Try Certain Personnel
Article 3 states that a person may be tried by
court-martial, even after leaving the service, for
offenses committed while subject to the UCMJ.
Art. 7. Apprehension
(a) Apprehension is the taking of a person
into custody.
(b) Any person authorized under
regulations governing the armed forces to
apprehend persons subject to this code or to
trial thereunder may do so upon reasonable
belief that an offense has been committed and
that the person apprehended committed it.
(c) Commissioned officers, warrant
officers, petty officers, and noncommissioned
officers have authority to quell quarrels, frays,
and disorders among persons subject to this
code and to apprehend persons subject to this
code who take part therein.
Enlisted persons performing police duties should
not apprehend an officer except on specific orders of a
commissioned officer. The exception is when such
apprehension is necessary to prevent disgrace to the
service, the commission of a serious offense, or the
escape of one who has committed a serious offense. In
such cases, the apprehending individual immediately
notifies the officer to whom he or she is responsible or
an officer of the security police, military police, or shore
patrol.
An apprehension is effected by clearly notifying the
offender that he/she is thereby taken into custody. The
order may be oral or written.
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Student Notes:
