Underutilization of Magistrate Courts

An essential element of our military institutions revolves around the integrity of our members in uniform. When military members have a breach of ethics or good conduct, the military has a robust system in place that provides the military commanders a wide range of options for disposition. The case is not the same when a crime is committed on base by a civilian. The focus of this paper is to address a serious flaw in the military judicial system that creates a void in prosecuting crimes to the fullest extent. Due to jurisdictional and legal issues, the federal government in the form of the military has no authority to bring charges against civilian offenders in the military court system. The military has to solicit the assistance of the federal prosecutor's office and the U.S. Attorney to hear such cases. It has happened where under the correct conditions that a felony crime was committed by a civilian on a military installation and not be tried as one. There are multiple examples of cases such as this over the last few years to include cases at McConnell, Maxwell, and Keesler Air Force Bases. Good order and discipline are essential for military unit effectiveness and the ability to successfully accomplish the mission. Crimes committed on base disrupt that environment. Depending on the jurisdiction the base resides, there are multiple courses of action that the commander can take.