Art. 2. Persons Subject to this Code

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) A n y p e r s o n a u t h o r i z e d u n d e r 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. A clear distinction exists between the authority to apprehend and the authority to arrest or confine (article 2-17 Student Notes: