What is the purpose of the Posse Comitatus Act?

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States.

Do you have freedom of speech in the military?

Like all Americans, members of the Armed Forces have the right to free speech, but they also have a responsibility to protect the nation and to understand there are times when right and responsibility may not go hand-in-hand. A servicemember’s right to free speech is limited to protect the national interest.

What is it called when someone leaves the military illegally?

AWOL: Absence Without Leave A member of the armed forces is considered AWOL if he or she fails to go to an appointed place, leaves that place, or is otherwise absent from his or her unit or appointed place of duty.

What is the meaning of Comitatus?

1 : a body of wellborn men attached to a king or chieftain by the duty of military service also : the status of the body so attached. 2 [Medieval Latin, from Latin] : county —used chiefly in the phrase posse comitatus.

Do you have the right to remain silent in the military?

Yes, members of the U.S. Armed Forces are given the right to remain silent by the foundation of military law, the Uniform Code of Military Justice (UCMJ).

Can a military member be charged with a crime?

The military member may also be subject to non-judicial punishment or charges under the Uniform Code of Military Justice. Those proceedings would be exclusive to the civilian charges. This is seldom a contentious procedure with regard to the local and military police.

Is it against the law to lie about military service?

The U.S. Supreme Court deemed lying about military service or medals a matter of free speech when in 2012 it struck down the Stolen Valor Act of 2005, signed into law by President George W. Bush.

How can policemen arrest military personnel who commit..?

If they’re not on a military installation, the cop tells them, “You’re under arrest,” and proceeds as usual. If the arrested person doesn’t notify their military command, the jail probably will. If civilian police obtain an arrest warrant for someone on a military installation, they can’t just drive into the post or base to serve it.

Is it against the law to leave the military?

Don’t just go Absent Without Leave (AWOL) or desert without a word because that will get you punished by a military tribunal. But be aware that there are certainly limits to how you can leave the army. You can’t just quit the Army once you are on active duty.

The U.S. Supreme Court deemed lying about military service or medals a matter of free speech when in 2012 it struck down the Stolen Valor Act of 2005, signed into law by President George W. Bush.

Can a military be used for law enforcement?

It says “the military may not be used for law enforcement, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress. ” The Posse Comitatus Act was never about banning military use in law enforcement. It was designed to control military use in law enforcement.

What does the military say when they are not fighting?

The military, when they aren’t fighting, are all about military marching. If you can’t keep up with your fellow soldiers, and constantly walk out of step, you are considered to be engaging in a “gaggle march” (the word march pronounced “harch,” as in “hup two three four!”)

Is there a defense for a war crime?

The answer is: No because that is not a legal defense to the war crime. The law does not say that the crime is excused if it succeeds in shortening the war or if it is intended to shorten the war. Moreover, once that rationale is accepted, then doesn’t it logically apply to both sides in a war?