1967 MOU between Department of Justice and Transportation (Coast Guard) over investigation and prosecution when the two departments have concurrent jurisdiction:
"2. Crimes committed outside of military installations. Except as hereinafter indicated, all crimes committed outside of military installations, which fall within the investigative jurisdiction of the Federal Bureau of Investigation and in which there is involved as a suspect an individual subject to the Uniform Code of Military Justice, shall be investigated by the Federal Bureau of Investigation for the purpose of prosecution in civil courts, unless the Department of Justice determines that investigation and prosecution may be conducted more efficiently and expeditiously by other authorities. All such crimes which come first to the attention of Coast Guard authorities shall be referred promptly by them to the Federal Bureau of Investigation, unless relieved of this requirement by the Federal Bureau of Investigation as to particular types or classes of crime."
There are listed exceptions to this rule for scheduled military activities off base and for special factors relating to the administration and discipline of the Coast Guard.
This agreement cedes fare more to civilian investigation and prosecution than the DoD - DoJ agreement, which was signed 17 years later in 1984 in the dying days of O'Callahan.
Seaman Bailey was sentenced to a dishonorable discharge, reduction in rank, and 18 months confinement, according to this report: http://www.tampabay.com/news/military/coast-guard-seaman-sentenced-to-18-months-confinment-for-sex-assault/2210034
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1967 MOU between Department of Justice and Transportation (Coast Guard) over investigation and prosecution when the two departments have concurrent jurisdiction:
ReplyDelete"2. Crimes committed outside of military installations. Except as hereinafter indicated, all crimes committed outside of military installations, which fall within the investigative jurisdiction of the Federal Bureau of Investigation and in which there is involved as a suspect an individual subject to the Uniform Code of Military Justice, shall be investigated by the Federal Bureau of Investigation for the purpose of prosecution in civil courts, unless the Department of Justice determines that investigation and prosecution may be conducted more efficiently and expeditiously by other authorities. All such crimes which come first to the attention of Coast Guard authorities shall be referred promptly by them to the Federal Bureau of Investigation, unless relieved of this requirement by the Federal Bureau of Investigation as to particular types or classes of crime."
There are listed exceptions to this rule for scheduled military activities off base and for special factors relating to the administration and discipline of the Coast Guard.
This agreement cedes fare more to civilian investigation and prosecution than the DoD - DoJ agreement, which was signed 17 years later in 1984 in the dying days of O'Callahan.
Seaman Bailey was sentenced to a dishonorable discharge, reduction in rank, and 18 months confinement, according to this report: http://www.tampabay.com/news/military/coast-guard-seaman-sentenced-to-18-months-confinment-for-sex-assault/2210034
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