self-explanatory are shown in block quotation as statedin the UCMJ; no further explanation is given. Some ofthe more lengthy articles have been shortened to presentonly portions of these articles. Articles that are lengthyand, in some cases, difficult to interpret are paraphrased(rewritten) to give you a brief overview of what thearticle contains.NOTEIn this section of the chapter, the words “he,”“his,” and “him” do not indicate gender and areused for economy of communication.Art. 2. Persons Subject to this CodeThe following persons are subject to thiscode:(1) Members of a regular component ofthe armed forces, including those awaitingdischarge after expiration of their terms ofenlistment; volunteers from the time of theirmuster or acceptance into the armed forces;inductees from the time of their actualinduction into the armed forces; and otherpersons lawfully called or ordered into, or toduty in or for training in, the armed forces, fromthe dates when they are required by the terms ofthe 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 followingprovisions of article 2:Any person serving a sentence imposed by acourt-martial remains subject to the UCMJ. Thus aprisoner who is serving a court-martial sentence may betried for a crime committed while a prisoner. Thisapplies even though the prisoner’s term of enlistmenthas expired at the time of commission of the crime.A reservist on inactive-duty training is subject tothe UCMJ when (a) the training is authorized by writtenorders; (b) the orders are voluntarily accepted by thereservist; and (c) the orders specify that the reservist issubject to the UCMJ.A reservist ordered into the active militaryservice is subject to the UCMJ beginning on the datespecified in the orders for the reservist to report foractive duty.The United States Supreme Court has heldunconstitutional the exercise of court-martialjurisdiction over civilians in time of peace.Art. 3. Jurisdiction to Try Certain PersonnelArticle 3 states that a person may be tried bycourt-martial, even after leaving the service, foroffenses committed while subject to the UCMJ.Art. 7. Apprehension(a) Apprehension is the taking of a personinto custody.(b) A n y p e r s o n a u t h o r i z e d u n d e rregulations governing the armed forces toapprehend persons subject to this code or totrial thereunder may do so upon reasonablebelief that an offense has been committed andthat the person apprehended committed it.(c) Commissioned officers, warrantofficers, petty officers, and noncommissionedofficers have authority to quell quarrels, frays,and disorders among persons subject to thiscode and to apprehend persons subject to thiscode who take part therein.Enlisted persons performing police duties shouldnot apprehend an officer except on specific orders of acommissioned officer. The exception is when suchapprehension is necessary to prevent disgrace to theservice, the commission of a serious offense, or theescape of one who has committed a serious offense. Insuch cases, the apprehending individual immediatelynotifies the officer to whom he or she is responsible or anofficer of the security police, military police, or shorepatrol.An apprehension is effected by clearly notifying theoffender that he/she is thereby taken into custody. Theorder may be oral or written.A clear distinction exists between the authority toapprehend and the authority to arrest or confine (article2-17Student Notes:
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