Part F - Status of Forces Agreements (SOFA)

The offender may, of course, be a soldier.

The U.S. Magistrate will have

jurisdiction over on-post misdemeanors, whether committed by civilians or soldiers.

However, "personnel subject to the UCMJ who pay a fine or forfeit collateral or

whose cases are disposed of under the (magistrate's court system) will not be

punished under the UCMJ for the same violation." (AR 190-29, paragraph 14.) This

is because the military and the federal government both represent the same

sovereign. Consequently, both may not prosecute an individual for the same crime,

as to do so would violate the double jeopardy prohibition in the U.S.

Constitution.

To avoid a possible problem here, "installation commanders should

establish policies on how to refer active duty Army personnel to the U.S.

magistrate for disposition when the violator's conduct constitutes a misdemeanor

within the magistrate's jurisdiction and is also a violation of the UCMJ" (AR 190-

29, paragraph 14). As an example, the post commander may want to keep jurisdiction

over certain traffic offenses (DUI) that were committed by officers and/or senior

enlisted personnel.

This is only an illustration, and much will depend on the

particular situation facing an individual installation.

PART F - STATUS OF FORCES AGREEMENTS (SOFA)

General.

QUESTION:

IF A U.S. CITIZEN COMMITS A CRIME OVERSEAS, WHO CAN PROSECUTE HIM?

ANSWER: IF THE U.S. CRIMINAL STATUTE APPLIES OVERSEAS, THEN THE U.S. CAN PROSECUTE.

ALSO, THE FOREIGN COUNTRY IN WHICH THE CRIME OCCURRED CAN PROSECUTE.

QUESTION:

WHAT IF THE OFFENDER IS A SOLDIER?

ANSWER:

THERE ARE SEVERAL POSSIBILITIES. AS WE SHALL SOON SEE, THE SOLDIER CAN BE

COURT-MARTIALED NO MATTER WHERE THE CRIME TOOK PLACE. HE IS ALSO SUBJECT

TO PROSECUTION BY THE FOREIGN COUNTRY. FINALLY, HE IS ALSO SUBJECT TO THE

U.S.

CODE;

THE

U.S.

CRIMINAL

STATUTE

APPLIES

OVERSEAS,

(EXTRATERRITORIAL) THE U.S. COULD PROSECUTE HIM IN A FEDERAL CIVILIAN

COURT.

QUESTION:

IS THERE A DOUBLE JEOPARDY PROBLEM HERE?

ANSWER:

YES.

THE MILITARY AND THE U.S. GOVERNMENT CANNOT BOTH PROSECUTE SOMEONE

FOR THE SAME CRIME. REMEMBER, THEY ARE THE SAME SOVEREIGN.

A SOFA is an agreement (treaty) between the U.S. and a foreign country in

which we station troops. It defines the legal status of the armed forces of one

nation when they are stationed on another nation's territory. It includes both the

rights and the responsibilities of the visiting force. Subjects covered in a SOFA

include criminal jurisdiction, claims, taxation, customs, immigration, motor

vehicle registration, use of public services, etc.

QUESTION:

WHAT IS THE "RECEIVING STATE?"

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