Outside Publication

Article 83 Marooned: Jurisdiction in the Aftermath of United States v. Kuemmerle, Naval Law Review Vol. 62


Establishing whether a servicemember is subject to court-martial jurisdiction requires a straightforward analysis. Assuming the accused is neither a retiree nor a deployed civilian in wartime, the test is simply whether the servicemember was on  active  duty at the time of the offense and remains on active duty when charged.

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