Maryland Code, PUBLIC SAFETY 13A-102
Terms Used In Maryland Code, PUBLIC SAFETY 13A-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military offenses: means the offenses prescribed under the punitive provisions of the code. See
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - State military forces: means the National Guard of the State, as defined in title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U. See
(b) (1) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the State military force.
(2) Courts-martial have primary jurisdiction of military offenses.
(3) (i) A proper civilian court has primary jurisdiction of a non-military offense when an act or omission violates both this title and local criminal law, foreign or domestic.
(ii) In a case described in subparagraph (i) of this paragraph, a court-martial may be initiated only after the civilian authority declined to prosecute or dismissed the charge, provided jeopardy has not attached.
(4) Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.